MAHESH KUMAR Vs. BRIJRAJ

JUDGEMENT

(1.) By means of present writ petition, the petitioner seeks to issue a writ or order in the nature of certiorari quashing the impugned order dated 09.07.2014 (annexure-9) passed by learned Board of Revenue, Uttarakhand, Dehradun.

(2.) Learned counsel for the petitioner submitted that the impugned order was passed by learned Judicial Member of Board of Revenue, Uttarakhand, on 09.07.2014. It is the submission of learned counsel for the petitioner that the Board of Revenue, without assigning any reason to explain the delay in filing the documents and considering why the documents are necessary for the proper disposal of the case, allowed the application dated 20.01.2014 and permitted the respondents no.1 and 2 to submit the documents mentioned in the list vide impugned order dated 09.07.2014. Learned Board of Revenue has passed the impugned order without following the process of law and without giving any cogent reason for doing so.

(3.) Learned counsel for the petitioner further submitted that learned Board of Revenue, while passing the impugned order, over looked the important aspect that the application does not disclose any reason as to why the documents are being filed at such a belated stage and how they are necessary for just and proper disposal of the case. The impugned order is a non-speaking order, therefore, the same is liable to be set aside.