PADAM DEV Vs. LACHHMI DASS

JUDGEMENT

(1.) THIS petition under Article 227 of Constitution of India has been preferred by the plaintiff/petitioner against the order passed by the learned trial Court on 7.8.2014, whereby he has allowed the application of the defendant/respondent for appointment of Local Commissioner.

(2.) UNDISPUTEDLY , the evidence of both the parties had been recorded and the case was fixed for arguments when the application for appointment of Local Commissioner came up for consideration, because it had been preferred prior to recording evidence. This application has been allowed in the following terms: -

(3.) IT is settled legal preposition that not only the administrative, but the judicial orders also must be supported by reasons recorded in it. Therefore, while deciding the application, the Court was bound to give its reasons for its conclusion. The legal position has been summed up by the Hon'ble Supreme Court in Sant Lal Gupta and others vs. Modern Cooperative Group Housing Society Limited and others : (2010) 13 SCC 336 in the following manner: -