VENKATESHWARA SAW MILL Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The challenge to the impugned order denying renewal of sawmill licence is on the ground that it is not a reasoned decision. Learned counsel for the petitioner submits that reasoned decision is a requirement of principles of natural justice in the light of decision of Apex Court in MOHINDER SINGH GILL vs. THE CHIEF COMMISSIONER, AIR 1978 SC 851 and therefore, the same is liable to be voided.

(2.) Learned AGA appearing for the official respondents opposes the Petition contending that whether reasons need to be given or not, is a matter of policy and it all depends upon facts & circumstances of each case. So contending, she seeks dismissal of the Writ Petition.

(3.) Having heard the learned counsel for the parties and having perused the Petition Papers, this court is inclined to grant indulgence in the matter inasmuch as it broadly agrees with the submission of learned counsel for the petitioner that non-reasoned orders are an anathema to the rule of law. In the absence of reasons, non- application of mind is prima facie demonstrated.