Madhya Pradesh High Court
Heeralal Mishra vs The State Of Madhya Pradesh on 24 September, 2021
Author: Vishal Mishra
1 WP-16423-2016
The High Court Of Madhya Pradesh
WP-16423-2016
(HEERALAL MISHRA Vs THE STATE OF MADHYA PRADESH AND OTHERS)
12
Jabalpur, Dated : 24-09-2021
Heard through Video Conferencing.
Shri Himanshu Shukla, learned counsel for the petitioner.
Shri Rahul Deshmukh, learned Panel Lawyer for the respondents no.1 to 3/State.
Shri Greeshm Jain, learned counsel for the respondents no.4 and 5.
Challenge being made to the order passed by the Board of Revenue, Gwalior;
whereby, the revision has been dismissed. It is pointed out that the order is total non
speaking order and without application of mind and contrary to the judgment passed
by the Supreme Court in the case of Kranti Associates Private Limited and Anr.
vs. Masood Ahmed Khan and others, reported in (2010) 9 SCC 496 has held as
under :-
"œ47. Summarizing the above discussion, this Court holds:-
(a) In India the judicial trend has always been to record reasons,
even in administrative decisions, if such decisions affect anyone
prejudicially.
(b) A quasi-judicial authority must record reasons in support of its
conclusions.
(c) Insistence on recording of reasons is meant to serve the wider
principle of justice that justice must not only be done it must also
appear to be done as well.
(d) Recording of reasons also operates as a valid restraint on any
possible arbitrary exercise of judicial and quasi-judicial or even
administrative power.
(e) Reasons reassure that discretion has been exercised by the
decision maker on relevant grounds and by disregarding
extraneous considerations.
(f) Reasons have virtually become as indispensable a component of
a decision making process as observing principles of natural
justice by judicial, quasi-judicial and even by administrative
bodies.
(g) Reasons facilitate the process of judicial review by superior
Courts.
Signature
SAN Not
Verified
Digitally signed by
SMT SHALINI
SINGH LANDGE
Date: 2021.09.25
12:09:29 IST
2 WP-16423-2016
(h) The ongoing judicial trend in all countries committed to rule of
law and constitutional governance is in favour of reasoned
decisions based on relevant facts. This is virtually the life blood of
judicial decision making justifying the principle that reason is the
soul of justice.
(i) Judicial or even quasi-judicial opinions these days can be as
different as the judges and authorities who deliver them. All these
decisions serve one common purpose which is to demonstrate by
reason that the relevant factors have been objectively considered.
This is important for sustaining the litigants' faith in the justice
delivery system.
(j) Insistence on reason is a requirement for both judicial
accountability and transparency.
(k) If a Judge or a quasi-judicial authority is not candid enough
about his/her decision making process then it is impossible to know
whether the person deciding is faithful to the doctrine of precedent
or to principles of incrementalism.
(l) Reasons in support of decisions must be cogent, clear and
succinct. A pretence of reasons or `rubber-stamp reasons' is not to
be equated with a valid decision making process.
(m) It cannot be doubted that transparency is the sine qua non of
restraint on abuse of judicial powers. Transparency in decision
making not only makes the judges and decision makers less prone to
errors but also makes them subject to broader scrutiny. (See David
Shapiro in Defence of Judicial Candor (1987) 100 Harward Law
Review 731-737).
(n) Since the requirement to record reasons emanates from the
broad doctrine of fairness in decision making, the said requirement
is now virtually a component of human rights and was considered
part of Strasbourg Jurisprudence. See (1994) 19 EHRR 553, at 562
para 29 and Anya vs. University of Oxford, 2001 EWCA Civ 405,
wherein the Court referred to Article 6 of European Convention of
Human Rights which requires, "adequate and intelligent reasons
must be given for judicial decisions".
(o) In all common law jurisdictions judgments play a vital role in
setting up precedents for the future. Therefore, for development of
law, requirement of giving reasons for the decision is of the essence
and is virtually a part of "Due Process".
Counsel appearing for the State could not dispute the aforesaid fact that the
order is totally a non speaking order and fairly submits that the order can be remanded
back to the respondent authorities.
Signature
SAN Not
Verified On perusal of the order dated 14.07.2016, it is seen that the authorities have not
Digitally signed by
SMT SHALINI
SINGH LANDGE
Date: 2021.09.25
12:09:29 IST
3 WP-16423-2016
even applied their mind which is observed as under:-
vkosnd ds vf/koDrk Jh jk/kkoYyHk feJk mifLFkr o mUgsa izdj.k dh dk;eh ij rdZ lqus A
fuxjkuh esa i;kZIr vk/kkj u gksus ls fuxjkuh vxzkg~; dh tkrh gSaA
is'kh fnukad
dSEi jhok
lnL;
In such circumstances, order been passed without application of mind and is
totally a non speaking order therefore, this Court deems it appropriate to remand the
matter back to the Board of Revenue for fresh consideration.
Accordingly, the order dated 14.07.2017 is hereby set aside and the matter is
remanded back to the Board of Revenue for reconsideration.
Parties are agreed for their presence before the Board of Revenue at Circuit
sitting at Rewa which is to be held on 29th and 30th day of this month.
Accordingly, parties are directed to mark their presence on 30.09.2021 at Board
of Revenue, Circuit sitting at Rewa. Board of Revenue is expected to consider and
decided their case after affording opportunity of hearing to the rival parties. The matter
be concluded within a period of two months from the date of receipt of certified copy
of this order.
As there was already interim protection granted to the petitioner in this case
therefore, the interim order passed by this Court on 03.02.2017 shall remain in
operation till the decision taken by the Board of Revenue, Rewa.
Accordingly, the petition is disposed of.
(VISHAL MISHRA)
JUDGE
Sha
Signature
SAN Not
Verified
Digitally signed by
SMT SHALINI
SINGH LANDGE
Date: 2021.09.25
12:09:29 IST
