CHHOTEY LAL Vs. STATE OF U P
LAWS(ALL)-2011-7-15
HIGH COURT OF ALLAHABAD
Decided on July 25,2011

CHHOTEY LAL Appellant
VERSUS
STATE OF UTTAR PRADESH Respondents

JUDGEMENT

Hon'ble Sudhir Agarwal, J. - (1.) DESPITE time having been granted to the respondents, they have not filed counter-affidavit. However, a short submission has been advanced by learned counsel for the petitioner, which is purely legal. Learned Standing Counsel states that he does not propose to file counter-affidavit and the writ petition may be heard and decided at this stage on the basis of material available on record under the Rules of the Court.
(2.) THE petitioner's fair price agreement has been cancelled by order dated 20.2.2007 by the Deputy Collector Sadar, Maharajganj where against his appeal has been rejected by means of the order dated 24.9.2010. THE Deputy Commissioner in the impugned order has recorded his so called findings as under: JUDGEMENT_204_ADJ8_2011Image1.jpg JUDGEMENT_204_ADJ8_2011Image2.jpg It is contended that impugned order is wholly unreasoned and non speaking and has not considered the submissions advanced on behalf of the petitioner. From perusal of the aforesaid, it is evident that Deputy Commissioner has recorded certain narration of facts and transaction, which took place and thereafter simply recorded conclusion that petitioner did not produce relevant document, charges levelled against him serious therefore no relief can be granted being not justified. He has not considered the submissions, if any, advanced by the petitioner, as mentioned in his earlier part of the order and in a slip shod manner, has passed the impugned order.
(3.) IT is well known that "conclusions" and "reasons" are two different things and reasons must show mental exercise of authorities in arriving at a particular conclusion. In Union of India v. Mohan Lal Kapoor, (1973) 2 SCC 836, as under: "Reasons are the links between the materials on which certain conclusions are based and the actual conclusions. They disclose how the mind is applied to the subject matter for a decision whether it is purely administrative or quasi-judicial. They should reveal a rational nexus between the facts considered and the conclusions reached.";


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