2021 (1) L.A.R. 463 = (2021) Law Today Live Doc. Id. 15918
(arising out of SLP© No. 13673 of 2019)
Decided on: 01.02.2021
For Petitioner(s):
Mr. Harshit Tolia, Adv. Mr. Rahul Khandelwal, Adv. Mr. Ashok Anand, AOR
For Respondent(s):
Mr. Sumeer Sodhi, AOR Mr. Varun Tankha, Adv. Mr. Arzoo Aneja, Adv.
Constitution of India, Article 227 -- Revisional Jurisdiction – Mentioning of brief facts in judgment – Requirement of -- High Court records that the parties advanced contentions at length, there is no reflection of these so called submissions which are stated to have been advanced at length -- It is not necessary, in the matter like this to record elaborate reasons but since these matters are carried forward to this Court, the reasons, albeit brief, have to be recorded to facilitate Supreme Court to understand what weighed with the learned Judge while dismissing the petition -- Impugned order set aside and matter remitted back for reconsideration so that the order to be passed one way or the other records reasons for the same, albeit even if they are brief -- It would be in the fitness of things that the matter is placed before another learned Judge.
(Para 4)
ORDER
1. Since counsel for the respondent No. 2 has entered appearance I.A. for substituted service has become infructuous and is disposed of as such.
2. Leave granted.
3. We had issued notice on the short ground that the impugned order did not reflect any reasons.
4. We are conscious of the fact that the order has been passed by the High Court in exercise of jurisdiction under Article 227 of the Constitution of India assailing the order of the Board of Revenue, Gwalior. No doubt, the reasons for the Board of Revenue to take its view are reflected in that order. However, only in the operative paragraphs, the High Court itself records that the parties advanced contentions at length. There is no reflection of these so called submissions which are stated to have been advanced at length. It is not necessary, in our view, in the matter like this to record elaborate reasons but since these matters are carried forward to this Court, the reasons, albeit brief, have to be recorded to facilitate this Court to understand what weighed with the learned Judge while dismissing the petition. The approach of Article 136 of the Constitution cannot be adopted while deciding petitions by the High Court under Article 227 of the Constitution of India!
5. We are thus constrained to set aside the impugned order and remit the matter back for reconsideration so that the order to be passed one way or the other records reasons for the same, albeit even if they are brief.
6. In view of what has transpired in the impugned order, it would be in the fitness of things that the matter is placed before another learned Judge.
7. The appeal is allowed in the aforesaid terms leaving the parties to bear their own costs.
Appeal allowed.
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