V. R. Venkataraman v. Chief Controlling Revenue Authority/The Inspector General of Registration
2004-12-28
K.GOVINDARAJAN, MARKANDEY KATJU
body2004
DigiLaw.ai
Judgment : K. Govindarajan, J. 1. Learned Special Government Pleader took notice on behalf of all the respondents. 2. Heard the learned counsel on either side. 3. The above appeal is filed questioning the order of the first respondent rejecting the appeal while exercising the power under Section 47-A{5) of the Indian Stamp Act, 1889. Though the first respondent exercised quasi-judicial power, he has not given any reason whatsoever while confirming the order of the lower authority. As held by the Supreme Court in the decision in S.N. Mukherjee v. Union of India, AIR 1990 SC 1984 , a quasi-judicial authority, while disposing an appeal, has to give reasons in support of his conclusion. 4. In this case, no such reasoning is given. Hence, the impugned order is set aside and the matter is remitted back to the first respondent to deal with it afresh and pass orders, in accordance with law, expeditiously giving reasons in support of his conclusion. The appeal is allowed, accordingly. 5. Learned counsel appearing for the appellant further submitted that the concerned authority may be directed to return the original sale deed, which was presented for registration. The third respondent is directed to return the original sale deed, after taking a Xerox copy of the same, immediately.