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9. We have considered the rival submissions made by the learned Counsel for the parties and also perused the impugned order passed by the learned Single Judge and other materials and documents available on record.

10. The scope and the power of judicial review of the High Court under Article 226/227 of the Constitution came to be considered by the Apex Court in various cases. In a Constitutional Bench case (L. Chandra Kumar v. Union of India and Ors.), the Apex Court, inter alia, held that the powers vested upon in the High Courts to exercise judicial superintendence over the decisions of all Courts and Tribunals within their respective jurisdictions is also a part of basic structure of the Constitution. Paras 69, 75, 78 and 79 having relevant to the issues are quoted hereinbelow:

69. In his minority judgment in Minerva Miss case, Bhagwati, J, held as follows : (SCC pp. 577-78, para 87) ...The Constitution has, therefore, created an independent machinery for revolving these disputes and this independent machinery is the judiciary which is vested with the power of judicial review to determine the legality of executive action and the validity of legislation passed by the Legislature. It is the solemn duty of the judiciary under the Constitution to keep the different organs of the State such as the executive and the Legislature within the limits of the powers conferred upon them by the Constitution. This power of judicial review is conferred on the judiciary by Articles 32 and 226 of the Constitution.... The judiciary is the interpreter of the Constitution and to the judiciary is assigned the delicate task to determine what is the power conferred on each branch of government, whether it is limited, and if so, what are the limits and whether any action of that branch transgresses such limits. It is for the judiciary to uphold the constitutional values and to enforce the constitutional limitations. That is the essence of the rule of law, which, inter alia, requires that 'the exercise of powers by the government whether it be the Legislature, or the executive or any other authority, he conditioned by the Constitution and the law'. The power of judicial review is an integral part of our constitutional system...the power of judicial...is unquestionably...part of the basic structure of the Constitution. Of course, when I say this I should not be taken to suggest that effective alternative institutional mechanisms or arrangements for judicial review cannot be made by Paliament.

73. We may now analyse certain other authorities for the proposition that the jurisdiction conferred upon the High Courts and the Supreme Court under Articles 226 and 32 of the Constitution respectively, is part of the basic structure of the Constitution. While expressing his views on the significance of draft Article 25, which corresponds to the present Article 32 of the Constitution, Dr. B.R. Ambedkar, the Chairman of the Drafting Committee of the Constituent Assembly stated as follows: (CAD. Vol. VII p. 953) If I was asked to name any particular Article in this Constitution as the most important - as Article without which this Constitution would be a nullity - I could not refer to any other Article except this one. It is the very soul of the Constitution and the very heart of it and I am glad that the House has realised its importance.

16. Section 10 provides that every order made by an Estate Officer, or appellate officer under this Act shall be final and shall not be called in question in any original suit, application or execution proceeding and no injunction shall be granted by any court or other author in respect of any action taken or to be taken in pursuance of any power conferred by or under this Act.

17. Thus, under the scheme of the Act, the "appellate officer" has a duty and obligation to decide the appeal in accordance with the principles of law and the appellant has a right to get the appeal disposed of in accordance with law. It is the legal obligation to dispose such statutory appeal by the appellate officer under certain norms and prescribed rules to be followed by such an authority. In spite of having put the finality, the clause under Section 10 of the Act, such obligations cast upon the appellate authority to decide the appeal in consonance with the law and on the basis of the principle of justice exists and any complaint relating non-performance of such duties and obligation by the appellate authority can be brought to the notice of the High Court in exercise of its power of judicial review under Article 226 of the Constitution and denying such right of judicial review would amount to violation of the Rule of Law. The finality clause as provided under a Section 10 of the Act, thus, means that the order of the appellate officer shall not be challenged under this Act in any original suit, application or execution proceeding and on a reasonable interpretation of this provision under the Scheme of the Act, it can safely be held that such finality clause would not exclude the exercise (sic) power for judicial review provided under Article 226 of the Constitution which is one of the basic structure of the Constitution.