RESPONDENT: THE COMMISSIONER OF HILLS DIVISIONAND APPEALS, ASSAM, AND OT DATE OF JUDGMENT: 07/02/1958 SINHA, BHUVNESHWAR P. SINHA, BHUVNESHWAR P. BHAGWATI, NATWARLAL H. IMAM, SYED JAFFER KAPUR, J.L. GAJENDRAGADKAR, P.B. CITATION: 1958 AIR 398 1958 SCR 1240 ACT: High Court, Powers ofWrit of certiorari, if can be issued to quash an error of fact apparent on the face of the recordjudicial Supervision, Scope ofAppellate Authority if and when acts in quasijudicial capacityTestPlea of failure of natural justice, when can be entertained Constitution of India, Arts. 226, 227Eastern Bengal and Assam Excise Act, 1910 (E. B. & Assam Act I of 1910) as amended by Ad. 23 Of 1955, s. 9, Rule 343. HEADNOTE: The High Court has no power under Art. 226 of the Constitu tion to issue a writ of certiorari in order to quash an error of fact, even though it may be apparent on the face of the record. It can do so only where the error is one of law and that is apparent on the face of the record. Any error of law or fact which it can correct as a court of appeal or revision cannot be a ground for the exercise of its power under that Article. Hari Vishnu Kamath v. Syed Ahmed Ishaque and others, [1955] I S.C.R. 1104, relied on. Queen v. James Bolton, (1841) (1) Queen's Bench 66, King v. Nat Bell Liquors, Limited, [1922] 2 A.C. 128, Rex v. Northumberland Compensation Appeal Tribunal, (1951) 1 K.B. 711 and Rex v. Northumberland Compensation Appeal Tribunal, (1952) 1 K.B. 338, referred to. The jurisdiction of the High Court under Art. 226 of the Constitution is limited to seeing that the judicial or quasijudicial tribunals or administrative bodies exercising quasijudicial powers, do not exceed their statutory jurisdiction and correctly administer the law laid down by the statute under which they act. So long as the hierarchy of officers and Appellate authorities created by a statute function within their ambit, the manner in which they do so can be no ground for interference. The powers of judicial supervision of the High Court under Art. 227 Of the Constitution are not greater than those under Art. 226 and must be limited to seeing that the tribunal functions within the limits of its authority. Waryam Singh and another v. Amarnath and another, [1954] S.C.R. 565, referred to. Consequently, where the High Court in exercise of its powers under Arts. 226 and 227 Of the Constitution interfered with 1241 certain orders made by the Excise Appellate Authority under the Assam Excise Act as being in excess of its jurisdiction on the ground that they were vitiated by errors of fact apparent on the face of the record, such interference was without jurisdiction and the orders passed by the High Court must be set aside. Held further, that where an appellate Authority, as in the instant case, is constituted the highest authority by the statute for deciding as between the claims of rival parties, its powers cannot be circumscribed nor can it be held to have acted in excess of its powers or without jurisdiction on considerations foreign to the statute or the rules. Raman and Raman Ltd. v. The State of Madyas, [1956] S.C.R. 256, referred to. In the absence of anything to show that the appellate Authority had contravened any rules of natural justice, which must be understood in the context of the' rules laid down by the statute itself, it would be wrong to say that there has been a failure of natural justice simply because the view it took of the matter might not be acceptable to another tribunal. New Prakask Transport Co. Ltd. v. New Suwarna Transport Co. Ltd., [1957] S.C.R. 98, relied on. The question whether an administrative authority functions merely in an administrative or quasijudicial capacity must be determined on an examination of the statute and its rules under which it acts, and there can be no doubt on such examination that the Authorities mentioned in s. 9 of the Eastern Bengal and Assam Excise Act, 1910, as amended by Assam Act 23 Of 1953, are no mere administrative bodies and their orders are, therefore, amenable to the powers of control and supervision vested 226 and 227 Of the Constitution. JUDGMENT: CIVIL APPELLATE JURISDICTION: Civil Appeals Nos. 668, 669, 670 and 672 of 1957. Appeal by special leave from the judgment and order dated August 6, 1957, of the Assam High Court in Civil Rule No. 65 of 1957.