IRA BHATTA Vs. SUSHIL CHANDRA DAS

JUDGEMENT

(1.) Heard Mr. D. Das, learned Senior counsel assisted by Mr. A. Das, learned Counsel for the Petitioner and Mr. B.R. Dey, learned Senior counsel assisted by Mr. A.K. Paul, learned Counsel appearing for the sole Respondent in both the civil revision petitions.

(2.) After hearing the respective learned Senior counsels assisted by their respective junior counsels at length in both the civil revision petitions and upon perusal of the pleadings as well as the documents relied upon by the respective parties, I have given my anxious consideration in the whole matter specially to the impugned orders dated 29-4-10 passed in Misc. A. No. 11 of 2009 and Misc. A. No. 13 of 2009 and this Court is of the confirmed opinion that the impugned orders dated 29-4-2010 is not an order sustainable under the law. The impugned orders dated 29-4-10 have been passed in a very cryptic manner without rendering necessary findings. This Court in the case of Shikhar Chand Falodia and Anr. V. Sushil Kr. Sanganeria & Bros and Ors., 2004 Supp GauLT 93, has held that a revision under Article 227 is permissible only when impugned order suffers from error of jurisdiction, patent illegality or perversity. It has also been held in another case in Jitendra Kumar Dhar and Ors. V. Sibu Paul and Anr., 2007 2 GauLT 68, wherein necessary findings in support of its order would be jurisdictional error liable to correction under Article 227 of the Constitution. The present revision petition so far as it relates to the impugned orders dated 29-4-10 passed in Misc. A. No. 11 of 2009 and Misc. A. No. 13 of 2009 have been passed in a very cryptic manner without rendering any necessary findings in support of its order and therefore, in view of the decided cases of this Court cited above, the impugned orders dated 29-4-10 passed in Misc. A. No. 11 of 2009 and Misc. A. No. 13 of 2009 cannot stand the test of law and suffers from jurisdictional error, patent illegality and perverse, as such the impugned orders dated 29-4-10 passed in Misc. A. No. 11 of 2009 and Misc. A. No. 13 of 2009 are hereby quashed and set aside.

(3.) In the facts and circumstance of the case, no order as to costs is made. Send back lower court records forthwith.