Heard Sri Ramesh Chandra Singh, learned Senior Counsel assisted by Sri Narayan Dutt Shukla, learned counsel for the petitioner, Sri Bhupendra Kumar Tripathi, learned counsel appearing on behalf of the Gaon Sabha and learned standing counsel for the state-respondent.
The present writ petition has been filed against the order dated 22.1.2020 passed by the Commissioner, Varanasi Division Varanasi. By that order, the said authority has dismissed the revision filed by the petitioner under Section 333 of the U.P.Z.A. & L.R. Act, 1950. The revision had been filed against the order dated 7.2.2018 by which the petitioner's lease has been cancelled. It was the case of the petitioner that she was not confronted with the adverse material/report relied against her. Even otherwise, the matter had been contested on merits, as is clear from the memo of revision itself.
At present, the grievance of the petitioner is that her revision has been dismissed, but no reason has been ascribed as may have found favour with the revising authority, to uphold the order under revision.
Having heard the learned counsel for the parties and having perused the record, it is difficult to cull out any reason from the impugned order itself. Besides mechanically reciting that the order impugned before the revising authority did not suffer from any infirmity, no reason has been given as may disclose application of mind to the grounds raised or facts, found existing. It is that part which is most crucial for any adjudication by any quasi judicial authority. Unless the reasons are clearly spelt out in the order, no other material may be looked into by the writ court to satisfy itself whether the mandatory procedure for making the decision was followed or not.
In view of such basic defect in the impugned order, no useful purpose would be served in keeping the present petition pending or calling for a counter affidavit. The order dated 22.1.2020 passed by Commissioner, Varanasi Division, Varanasi is set aside and the matter remitted to the Commissioner, Varanasi Division, Varanasi to pass an appropriate order disclosing the reasons that may necessarily bring out the application of mind made to the individual grounds in the revision as may be raised and pressed before that authority in light of the facts/pleadings and evidence on record. Such exercise may be completed as expeditiously as possible preferably within a period of three months from today.
With the aforesaid observation, this writ petition is disposed of.
For a period of three months from today or till the disposal of the revision on remand, whichever is earlier, no coercive measures may be adopted against the petitioner.
Order Date :- 12.2.2021 SA