The Delhi High Court has held that quasi-judicial bodies should mandatorily record due reasoning while disposing off any application.
The single judge bench of Justice Chandra Dhari Singh while adjudicating upon a writ petition further observed that an order disposing of an application necessarily requires recording of reasons in support of the conclusions arrived at in the order and failure to give reasons tantamount to the denial of justice.
Brief Facts of the Case
The factual matrix of the case is that the writ petition was filed under Articles 226 and 227 of the Indian Constitution to mutate 1/4 th of the agricultural land in the name of petitioners.
The learned counsel appearing on behalf of the petitioner contended that although the concerned Tehsildar received a request to modify the subject property, he or she didn't make a decision on it and further contended that this court directed the concerned tehsildar to pass an order in accordance with the law but the tehsildar passed the order without application of mind and assigning any reason, merely stating that the mutation process has ceased in light of the new Land Pooling Policy.
The learned counsel appearing on behalf of the respondent contended that there is no illegality in the aforementioned assailed decision because the said application was decided
upon by the competent Tehsildar after giving the new policy full consideration.
High Court's Observation
The Court observed that the reason is the soul of justice and any order deciding on an application must record the justifications for the decisions made in the order, and failure to do so constitutes a denial of justice. Further, recording of the reason specifically ensures that justice is not only being done but also being seen to be done.
The Court held that the order passed by the concerned tehsildar lacks reasoning despite the fact that the matter was remanded to him by the orders of this court for disposal. The court also directed the registrar to send a copy of the order to the concerned tehsildar for compliance.
Case Title- SMT Usha Rani & Anr V. Union of India & Ors
Case Details- W.P.(C) 10876/2022
Coram- Justice Chandra Dhari Singh
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