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Jharkhand High Court · body

2009 DIGILAW 1522 (JHR)

Ram Pyare Upadhyay v. State of Jharkhand

2009-11-30

D.G.R.PATNAIK

body2009
Order Heard counsel for the parties. 2. The petitioner in this writ application has challenged the order dated 29.3.2003 passed by the Commissioner, South Chhotanagpur Division, Ranchi and signed on 29.3.2004 by the Commissioner (Respondent No.2) in S.A.R. Revision No. 98/2003, as contained in Annexure-8 to the writ application. 3. The Revision Application of the petitioner relates to the impugned order passed by the Deputy Commissioner in SAR. Appeal No.171(R)15/1999-2000 whereby the appeal preferred by the Respondent No.4 was allowed. 4. The main ground on which the petitioner has challenged the impugned order of the Commissioner is that the order has been passed without application of judicial mind and it being a cryptic order does not assign reason as to why the petitioner's Revision Application has been dismissed and furthermore, such order has been passed even without affording any opportunity of hearing to the petitioner. 5. A counter affidavit has been filed on behalf of the respondents in which an attempt has been made to support the impugned order. 6. However, from the perusal of the impugned order it appears that it is a two line cryptic order, passed by the Commissioner without considering the case of the petitioner and the grounds raised in his Revision Application on merits at all and further, the petitioner was not given any' opportunity of being heard. Such an order being in total violation of the rules of procedure as laid down by the law and also against the principles of natural justice, cannot be sustained. Accordingly, finding merit in this application, the same is allowed. The impugned order of the Commissioner is hereby set aside. The matter is remanded back to the Commissioner to pass appropriate order on the Revision Application of the petitioner, within three months from the date of receipt production of a copy of this order. The Commissioner shall inform the petitioner as also the concerned respondents, by issuing notice about the date for their appearance before him and to submit their respective cases. With these observations, this writ application is disposed of Let a copy of this order be given to the learned counsel for the respondents.