AI Overview...
- Concurrent Findings of Fact - Main Points and Insights
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Courts consistently uphold the principle that concurrent findings of fact by revenue or tribunal authorities are generally not subject to interference by writ courts, especially under Article 226 or 227 of the Constitution. The courts emphasize their limited jurisdiction to re-examine factual determinations, which are best left to the original fact-finding bodies. Multiple cases (e.g., Poonma VS Board of Revenue - Rajasthan, Chhitar VS Bhanwari Devi - Rajasthan, Harji Giri VS B. O. R. - Rajasthan, DAMBURU MAJHI VS TARINI CHARAN MAJHI - Orissa, RIICO VS B. O. R. - Rajasthan, Md. Abdul Hannan VS State of Assam - Gauhati, Abdul Hannan and Ors. VS State of Assam and Ors. - Gauhati) reaffirm that unless there is perversity, illegality, or a violation of principles of natural justice, courts dismiss writ petitions challenging such findings.
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Legal Principles and Rationale
- The courts recognize that a writ petition is not a substitute for an appeal or review of factual errors. The principle that a court cannot sit in appeal over concurrent findings of fact is reiterated across judgments (Poonma VS Board of Revenue - Rajasthan, Chhitar VS Bhanwari Devi - Rajasthan, Md. Abdul Hannan VS State of Assam - Gauhati, Chief Engineer VS State Consumer Disputes Redressal Commission - Jammu and Kashmir, Abdul Hannan and Ors. VS State of Assam and Ors. - Gauhati).
- Perversity or illegality must be clearly established for interference; mere disagreement with factual determinations is insufficient (Chhitar VS Bhanwari Devi - Rajasthan, Harji Giri VS B. O. R. - Rajasthan, DAMBURU MAJHI VS TARINI CHARAN MAJHI - Orissa).
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The scope of judicial review in writ proceedings is limited to legal issues, procedural fairness, or jurisdictional errors, not factual reappraisal (Poonma VS Board of Revenue - Rajasthan, Mool Chand VS Competent Officer, Zone-B-1, Jaipur Development Authority, Jaipur - Rajasthan).
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Implications for Writ Petition Practice
- Writ petitions challenging concurrent factual findings are typically dismissed unless there is evidence of perversity, fraud, or violation of principles of natural justice.
- The courts consistently reinforce the importance of respecting the expertise and findings of revenue authorities and tribunals (RIICO VS B. O. R. - Rajasthan, Mool Chand VS Competent Officer, Zone-B-1, Jaipur Development Authority, Jaipur - Rajasthan).
Analysis and Conclusion - The prevailing judicial stance is that concurrent findings of fact by specialized authorities are final and binding, and courts are reluctant to interfere unless clear perversity or illegality is demonstrated. This promotes judicial restraint and respects the expertise of administrative bodies in factual matters. Therefore, in cases of concurrent factual findings, the appropriate remedy is generally an appeal or revision, not a writ petition.
References - Poonma VS Board of Revenue - Rajasthan, Chhitar VS Bhanwari Devi - Rajasthan, Harji Giri VS B. O. R. - Rajasthan, DAMBURU MAJHI VS TARINI CHARAN MAJHI - Orissa, RIICO VS B. O. R. - Rajasthan, Md. Abdul Hannan VS State of Assam - Gauhati, Abdul Hannan and Ors. VS State of Assam and Ors. - Gauhati, Mool Chand VS Competent Officer, Zone-B-1, Jaipur Development Authority, Jaipur - Rajasthan, Chief Engineer VS State Consumer Disputes Redressal Commission - Jammu and Kashmir
Search Results for "Concurrent Finding of Fact Writ Petition"
1986 0 Supreme(Raj) 751 • India - Rajasthan
A.K.MATHUR
Finding of the Court: The court declined to interfere with the concurrent finding of fact and dismissed the writ petition ... Rajasthan Tenancy Act, 1955 - Possession of Land - Writ Dismissed Fact of the Case: Non-petitioners filed a suit ... of fact. ... The Board of Revenue declined to interfere with the concurrent finding of fact and sitting in writ of cer....
2017 0 Supreme(Raj) 1774 • India - Rajasthan
M.N.BHANDARI
no perversity or illegality in the concurrent finding of fact recorded by three revenue courts, writ petition is dismissed – Petition ... record – The issue was decided therein even after considering the definition of "tenant" as given under 5(43) of the Act of 1955 – Finding ... petition, a challenge is made to the order passed by the Sub Divisional Officer, followed by order passed by the Revenue Appellate ... Finding no perversit....
2009 0 Supreme(Raj) 1779 • India - Rajasthan
GOPAL KRISHAN VYAS
finding of fact did not require interference. ... lower courts were upheld, leading to the dismissal of the writ petition. ... Final Decision: The writ petition was dismissed, and the petitioner's challenge to the judgment regarding possession of the ... In my opinion, the concurrent finding of fact with regard to the petitioner's possession over the land in question does not require any interference by this Court under Article 227....
2006 0 Supreme(Ori) 809 • India - Orissa
N.PRUSTY, I.M.QUDDUSI
Final Decision: The writ petition was dismissed, upholding the concurrent finding that the petitioner was not able to read ... The court also cited precedents emphasizing the limited scope of interference with concurrent findings of fact. ... Finding of the Court: The court found that the petitioner was unable to read and write Oriya at the time of filing ... In view of the concurrent finding of fact#H....
2008 0 Supreme(Raj) 1057 • India - Rajasthan
N.K.JAIN
finding of fact which cannot be allowed to be questioned in writ petition. ... number of the land in dispute, is concerned, the S.D.O., the Divisional Commissioner and the Revenue Board all have recorded a concurrent ... (Para 34) ... Petition disposed of. ... In view of the above, it is clear that there is concurrent finding of fact by the Revenue Appellate Authority and the Revenue Board with regard to the total area of the land o....
2008 0 Supreme(Gau) 752 • India - Gauhati
BIPLAB KUMAR SHARMA
The court dismisses the writ petition challenging the concurrent findings of fact arrived at by the Tribunal and the appellate Tribunal ... The petitioners challenged the findings of the Tribunals in a writ petition, claiming to be Indian citizens and seeking another chance ... ' or 'perverse finding'. ... Coming to the instant case, as noted above, this writ petition has been filed challenging th....
2011 0 Supreme(Bom) 313 • India - Bombay
S.S.SHINDE
Constitution of India - Article 226-Writ petition-See- king interference with concurrent finding of fact recorded by Authority under ... ... From the concurrent findings of fact recorded by the authorities ... Therefore, no case is made out for entertaining this writ petition, hence same stands dismissed. ... According to the learned counsel for the respondents, there are concurrent fin....
2011 0 Supreme(J&K) 696 • India - Jammu and Kashmir
Mansoor Ahmad Mir
Finding of the Court: The court found that the writ petition is not maintainable against concurrent findings of fact ... petition is not maintainable against concurrent findings of fact. ... Ratio Decidendi: The court cited the principle that a writ petition is not maintainable against concurrent findings of fact ... #HL_ST....
2008 0 Supreme(Raj) 714 • India - Rajasthan
N.K.JAIN
Writ petition dismissed. ... finding of fact, warrants no interference u/Art. 227 in supervisory jurisdiction. ... Sanctioned change of land use – Khatedari rights terminated by authorised officer – Order u/S. 90-B was rightly passed – Concurrent ... The said fact is a question of fact and Authorized Officer as well as the appellate authority both have recorded a concurrent finding of fact in this regard, therefore....
2008 0 Supreme(Gau) 754 • India - Gauhati
B.K.SHARMA
The court dismissed the writ petition challenging the concurrent findings of fact arrived at by the Tribunal and the appellate Tribunal ... Finding of the Court: The court dismissed the writ petition, emphasizing that the writ court cannot sit in appeal over ... the Tribunal and the Appellate Tribunal in a writ petition. ... Coming to the instant case, as noted above, this writ....
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