Newani Parihat vs State of Jharkhand And Ors

Heard, Mr. Lukesh Kumar, learned counsel appearing for the petitioner, Mr. K.N. Sahay, learned counsel appearing on behalf of the substituted legal heir(s)/successor(s) of respondent Nos. 6 & 7 and Mr. Ashiwini Bhusan, learned A.C. to Sr. S.C-III appearing on behalf of the respondent-State.

The petitioner has preferred this writ petition for quashing the order dated 08.05.2014 passed in RM (Bhoodan) A No.409/1986-87 whereby, the appeal preferred by the petitioner against the order dated 31.12.1986 passed by the Additional Collector, Dumka in Rev Misc. Appeal No.4/1985-86 is dismissed.

Learned counsel for the petitioner submits that by the impugned order dated 08.05.2014, the Deputy Commissioner, Santhal Pargana Division, Dumka had decided the appeal without appreciating the facts, submissions and law points, which is not in accordance with law. He further submits that the impugned order is in a cryptic nature, which is against the principles of law.

Learned counsel for the respondent-State as well as the private respondents tried to justify the order and submits that there is no illegality in the impugned order. Accordingly, the appeal has been rightly decided.

Heard the learned counsel for the parties and perused the order dated 08.05.2014 which has been decided without discussing the evidence, facts and arguments of law. In this regard reference may be made in the case of "central Board of Trustees v. M/s Indore Composite Pvt. Ltd." reported in (2018) 8 SCC 443. Relevant Paragraph Nos. 13 & 14 of the said judgment are quoted herein below:-

"13. Indeed, in the absence of any application of judicial mind to the factual and legal controversy involved in the appeal and without there being any discussion, appreciation, reasoning and categorical findings on the issues and why the findings impugned in the writ petition deserve to be upheld or reversed, while dealing with the arguments of the parties in the light of legal principles applicable to the case, it is difficult for this Court to sustain such order of the Division Bench. The only expression used by the Division Bench in disposing of the appeal is "on due consideration". It is not clear to us as to what was that due consideration which persuade the Division Bench to dispose of the writ petition because we find that in the earlier paragraphs only facts are set out.

Time and again, this Court has emphasized on the courts the need to pass reasoned order in every case which must contain the narration of the bare facts of the case of the parties to the lis, the issues arising in the case, the submissions urged by the parties, the legal principles applicable to the issues involved and the reasons in support of the findings on all the issues arising in the case and urged by the learned counsel for the parties in support of its conclusion. It is really unfortunate that the Division Bench failed to keep in mind these principles while disposing of the writ petition. Such order, in our view has undoubtedly caused prejudice to the parties because it deprived them to know the reasons as to why one party has won and other has lost. We can never countenance the manner in which such order was passed by the High Court which has compelled us to remand the matter to the High Court for deciding the writ petition afresh on merits."

In view of the facts and submissions of the learned counsel for the parties and the order dated 08.05.2014 and law laid down by the Hon'ble Apex Court in the case of Central Board of Trustees v. M/s Indore Composite Pvt. Ltd. (supra), the impugned order cannot be sustained in the eyes of law. Accordingly, the impugned order dated 08.05.2014 passed in RM (Bhoodan) A No.409/1986-87 is hereby set-aside.

The matter is remitted back to the Commissioner, Santhal Pargana Division, Dumka, who will pass a fresh order after providing opportunity of hearing to the learned counsels for the parties in accordance with law.

With the aforesaid observation and direction, the writ petition being W.P.(C) No.3015 of 2015 stands allowed and disposed of.