Kega Loya vs Monya Loya

Manisana, J.—At the request of the learned Counsel on both sides this revision petition is taken up for hearing. The learned Counsel for the parties also state at the Bar that the matter can be disposed of without records of the Courts below.

In this revision petition, the Petitioner has challenged the order dated 3.9.87 passed by the learned Deputy Commissioner West Siang District in Civil Appeal No. 6 of 1987. The impugned order runs:

I have perused the appeal memo. I find no substance in the appeal. There is no reason or justification to interfere with the order of the EAC (JUD). Therefore the appeal is rejected.

The impugned order shows that the Deputy Commissioner has not given the reasons for reaching the concession. The principle of natural justice requires that the reasons must be given for the conclusion reached. Therefore, the appellate Court should record its own reasons to support the conclusion reached by the lower Court. Justice should not only be done but must seem to have been done. That apart, the learned Counsel on both sides agree that on the facts and circumstances of the case, the case is to be sent back for disposal afresh. For these reasons the order of the learned Deputy Commissioner cannot be allowed to be sustained.

In the course of the hearing of the petition, Mr. Roy, the learned Counsel for the Petitioner, has prayed that the interim order passed by this Court on 27.10.87 staying the operation of the impugned order of the learned Deputy Commissioner may be continued. Mr. Agarwal, the learned Counsel for the Respondent, has submitted that he has no objection if status quo as of today is maintained as regards the possession of the disputed land till the disposal of the appeal by the learned Deputy Commissioner.

For the reasons stated, the impugned order dated 3.9.87 passed by the learned Deputy Commissioner is set aside and the case is sent back to the learned Deputy Commissioner for disposal afresh, and status quo of the disputed land as of today as regards the possession of the disputed land shall be maintained till the disposal of the appeal by the learned Deputy Commissioner. I hope and trust that the learned Deputy Commissioner shall dispose of the appeal within a period of two (2) months from the date of receipt of this order or the records. If the records of Court below are received by this Registry, the same shall be sent back forthwith.

With the said observation and directions, the petition is allowed and disposed of No coats.