New United Timber, A Proprietorship Firm v. State Of Jharkhand
2004-03-12
AMARESHWAR SAHAY
body2004
DigiLaw.ai
ORDER Amareshwar Sahay, J. 1. Heard the parties. 2. The petitioner had earlier moved this Court in W.P. (C) No. 3279 of 2001 challenging the order of the Appellate Authority on the ground that the same was non-speaking and no reason was given for rejecting the appeal of the petitioner. This Court vide order dated 14.8.2001 while disposing of this writ petition held that since the order of the appellate authority was non-speaking one and no reason was given to reject the appeal and therefore the order passed by the Appellate authority was set aside and the matter was remitted back to the appellate authority fir its afresh decision after hearing the parties by a reasoned order. 3. Thereafter the appellate authority by order dated 2.1.2002 as contained in Annexure 8 to the writ petition rejected the appeal after hearing the parties on the ground mentioned therein which is under challenge in this writ petition in the appellant authority, therefore, the order of the appellate authority is bad in law. 4. Mr. A.K. Sahani learned counsel for the petitioner submitted that though the appellate authority has discussed in detail about the facts of the case but no reason has been assigned nor any finding is there. 5. From perusal of the appellate authority I find that the appellate authority after discussing in details about the facts of the case of the respective parties has come to the conclusion that Licensing authority has passed the order complying the directive of his controlling authority as well as the Government Circular and also order and direction of this Court. Accordingly he found that the order of Licensing Authority-cum-Divisional Forest Officer, Ranchi was not liable to be interfered with. 6. This Court in exercise of supervisory jurisdiction cannot sit as Appellate Court against the order of the Appellate Authority except on the ground, if the order passed by the Appellate Court is held to be perverse, or that the findings are not based on records. No such ground has been raised by the petitioner in this writ petition. Accordingly I do not find, any merit in this writ petition. It is allowed.