PANCHAYAT SAMITI Vs. DEPUTY COMMISSIONER ETC.

JUDGEMENT

(1.) Notice of motion. On our asking, Mr. H.S. Sran, Addl. A.G. Punjab, Accepts Notice.

(2.) A perusal of the impugned order clearly shows that the Deputy Commissioner, Muktsar has given no reason whatsoever in support of the decision. Respondent No.3 had filed a Statutory appeal under Section 9 of the Public Premises (Land Eviction & Rent Recovery) Act, 1973. The Deputy Commissioner was exercising Appellate jurisdiction which is only a continuation of the original proceedings. He was, therefore, required to re-appreciate the entire evidence led by both the sides and thereafter to pass a reasoned order. This apart giving reasons for passing a quasi judicial order is the bare Minimum Requirement of the Rules of natural justice. Speaking orders should be passed by the Authorities exercising judicial or quasi judicial powers as these orders are subject to judicial review by this Court under Article 226/227 of the Constitution of India. The operative part of the impugned order passed by the learned Deputy Commissioner exercising the powers of Commissioner, Muktsar dated 25.7.2002, is as under :

(3.) Consequently, the petition is allowed. The impugned order (Annexure P.2) is quashed. The matter is remanded back to the Deputy Commissioner, Muktsar to rehear the appeal and decide the same on merits, by passing a speaking order in accordance with law. The Deputy Commissioner is directed to issue notice to all the parties on receipt of certified copy of this order.