TARA CHAND Vs. STATE OF H.P.

JUDGEMENT

(1.) HEARD learned counsel for the parties. With the consent of the parties, the writ petition is heard and disposed of finally at the admission stage.

(2.) AN eviction order was passed against the petitioners under the provisions of H.P.Public Premises and Land (Eviction and Rent Recovery Act), 1971 by the Collector, Karsog on 20th December, 2001. The petitioner, aggrieved by the said order, filed an appeal under the provisions of the said Act to the Commissioner, Mandi Division, Himachal Pradesh. The Commissioner has dismissed this appeal vide his order dated 31.7.2006. According to us the Commissioner has dealt with the appeal in a very shoddy and shabby manner without considering the merits of the case at all. Paras 4 to 6 of the order passed by the Commissioner read as follows:-

(3.) PARA 5 of the order, quoted above, makes dismal reading. It shows total non application of mind on behalf of the appellate authority. The case has been disposed of without going into any of the questions raised in the appeal. Therefore, the order of the appellate authority being totally devoid of any reasoning is set aside and the matter is remanded to the Commissioner to decide the same afresh after hearing both parties.