Court No. - 9
Case :- WRIT - B No. - 5779 of 2018 Petitioner :- Kiran And Another Respondent :- The Deputy Director Of Consolidation And Another Counsel for Petitioner :- Ravi Shankar Tripathi Counsel for Respondent :- C.S.C.,Brajesh Shukla
Hon'ble Anjani Kumar Mishra,J.
The petitioners have filed this writ petition challenging the order dated 31.8.2018 passed by the Deputy Director of Consolidation,Budaun in a revision filed by the respondent no. 2, the sole contesting respondent in the writ petition. By this order, certain modification has been made in the chaks of the parties.
Upon a perusal of the impugned order, this Court fails to understand the logic behind the adjustment that has been made thereby.
Counsel for the respondent submits that he can explain the logic and justify the impugned order.
In my considered opinion what needs to be stated in an order, if not to be found therein, cannot be supplemented by the parties through their affidavits. Every order passed in judicial proceedings needs to contain reasons justifying the final and operative portion of that order. The order impugned does not conform to the above standard.
Under the circumstances, the order dated 31.8.2018 is hereby set aside and the matter is remanded back to the Deputy Director of Education to pass a fresh order containing adequate reasons. This exercise be completed by the Deputy Director of Consolidation Budaun expeditiously preferably within a period of three months from the date of receipt of certified copy of this order.
It would also be relevant to note that the respondent no. 2 has filed an affidavit regarding certain concessions which is prepared to grant to the petitioners. The said concession be made before the court concerned namely the D.D.C. who shall take the same into account while deciding the matter that has been remanded to him.
Order Date :- 20.12.2018 Pratima