03 December, 2018

SUPREME COURT

 


 

Order  - Non-reasoned – Sub ­Divisional Magistrate cancelled license of respondent No. 1 to run a fair shop – Commissioner dismissed the appeal through a un-reasoned order  - High Court held that order of Commissioner was not legally sustainable because it was an unreasoned order -  High Court had two options to follow -  One, to decide the controversy on merits in the writ petition itself and the other to remand the case to the Commissioner for deciding the appeals afresh on merits in accordance with law by passing reasoned order after dealing with all the contentions raised by the parties in support of their case - High Court did not exercise any option -  As a consequence, the merits of the case could not be examined either by the Commissioner in appeal properly or the High Court in writ petition -  Parties were entitled for a decision of their case on merits by the Appellate Court (Commissioner) and then by the High Court in its writ jurisdiction  - As  neither the Commissioner could record any finding on the merits and nor the High Court we are inclined to prefer the second option and while giving effect to the impugned order remand the case (appeal) to the Commissioner to enable him to examine the merits of the case in accordance with law. (2018)2 SCeJ 1816