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2007 DIGILAW 375 (BOM)

PRAKASH GUNWANTRAO BHARSAKALE v. ADDITIONAL COLLECTOR, AMRAVATI

2007-03-14

A.B.CHAUDHARI

body2007
JUDGMENT Mr. Vyawahare, learned counsel for the respondent - L.R. 2(a) states that his statement as recorded in the order dated 1.3.2007 by this Court relating to sale of the suit property in fact pertains to other litigation, namely Regular Civil Suit No. 103 of 1991, decided by Joint Civil Judge, Jr. Dn., Daryapur, and it has nothing to do with the present writ petition. He further states that the statement was made under confusion. Mr. Gilda, learned counsel, fully agrees with what Mr. Vyawahare states and in that view the order dated 01.3.2007 stands corrected. This writ petition is directed against the order dated 20.1.1995 passed by the Appellate Authority under C.P. & Berar Letting of Premises and Rent Control Order, 1949 in Revenue Appeals No. 61/71(2)/92-93 and 62/71(2)/92-93. Having gone through the appellate order, I find that the said order is sans any reasons. It is unfortunate that the appellate authority even after lapse of 30 years from the date of judgment rendered by this Court on 05.09.1975 holding that the appellate authority should pass reasoned orders discussing evidence etc., as the appellate authority is a fact finding authority, and after the decision of the appellate authority there is no other remedy available except for approaching this Court in its extra ordinary jurisdiction. In Janba Daulatrao Borkar v. Rajeshkumar Ramjiwan Agrawal reported in 1975 Mh. L.J. 747, in para 13, this Court observed as under : "In this context, therefore it is the duty of the appellate Court to properly appreciate the evidence on record and then write an order indicating that the evidence has been fairly and properly dealt with. It is further a duty of a Court or a judicial or quasi-judicial Tribunal to make sincere effort in the administration of justice to show to the superior Court that it has applied its mind to all the evidence on record and has also considered all the important factors in that behalf. It cannot be forgotten that the Rent Controller as well as the appellate authority acting under the Rent Control Order exercises judicial functions and are legal Tribunals and not merely executive officers. They act as quasi judicial Tribunals adjudicating upon the civil rights of the parties. It cannot be forgotten that the Rent Controller as well as the appellate authority acting under the Rent Control Order exercises judicial functions and are legal Tribunals and not merely executive officers. They act as quasi judicial Tribunals adjudicating upon the civil rights of the parties. It cannot be forgotten that any decision given by the Rent Controller is not only subject to review under clause 21(2.a) of the Rent Control Order, but it is also subject to the supervisory power of the High Court under Article 227 of the Constitution of India. The successor-in-office, or the High Court and the Supreme Court would be placed under a great disadvantage if well considered and well reasoned order is not passed by the Collector in appeal. Therefore, it was the duty of the appellate Court to independently apply its mind to the evidence on record and then to have recorded a reasoned findings. In the present case but for the general observations made by the appellate authority he has not referred to any evidence on record. In this view of the matter, in my opinion, the learned counsel for the petitioner was right in contending that the learned appellate authority has failed to carry out his duty, and therefore, his order is vitiated." It is because of the casual attitude on the part of appellate authority that both the parties are put to inconvenience. Both the learned counsel are ad idem on the question of remitting the matter to the appellate Court. In view of the above, the impugned order dated 20.1.1995 rendered in Revenue Appeals No. 61/71(2)/92-93 and 62/71(2)/92-93 is hereby quashed and set aside Rule is made absolute in terms of prayer clause (i). The appellate authority is directed to decide the appeals within a period of six weeks from the date of receipt of Writ of this Court. No order as to costs. Parties are directed to appear before the appellate authority on 02.4.2007. R & P be sent back immediately. Petitioners to pay Court-fee in the second set.