Amratbhai Lilabhai Desai & 6 vs State Of Gujarat & 2 on 25 September, 2017
20. The respondents are relying upon the decision
in the case of Gautambhai Devshankar Dave v.
State of Gujarat reported in 2004(1) GLH 603
which confirms that even violation of
principle of natural justice will not per se
sufficient for holding that particular order
is invalid and that the Court is required to
examine the decision making process of the
authority in the totality of the facts,
circumstances and evidence on record and the
Court is not expected to examine the reasons
of the authority as if sitting in appeal,
since such position in law is well settled.
It is also held that if there is no
jurisdictional error in the impugned order
nor is there any error apparent on the record
of the authority, since High Court does not
sit as an Appellate Authority, interference
with pure findings of fact and appreciation
of evidence on record, even different view
may be possible is unwarranted.