ANIMA GHOSE Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) HEARD learned counsel for the parties.

(2.) THE appellants are aggrieved against the order dated 1st February, 2012 passed in W.P.(C) No.5685 of 2006, whereby the appellants' writ petition has been dismissed on the ground that in the petition the appellants challenged the order of remand and subsequent to that, during pendency of the writ petition, final order was passed by the Sub Divisional Officer after remand. THE learned Single Judge held that the appellants will be free to challenge the order of the Sub Divisional Officer, which has been passed after the order of remand.

(3.) WE have considered the submissions of the learned counsel for the parties and perused the remand order, which is as under : " Case is remanded to S.D.O for fresh assessment" This is the total order. It appears that appellate authority was not aware of the law that how in appeal order can be set aside and even was not aware about the law under what circumstances and for what reason the remand order can be passed. The appellate court also failed to take note of the fact that appellate court also have all the powers of the trial court and if there is all material before the appellate court and evidence, then the appellate court is bound to decide the matter on all the issues. If some evidence is allowed to be produced to any of the party or for the other lawful reasons, the matter is required to be sent back to the trial court and then those reasons are required to be recorded. Interfering in the lawful order by the appellate court without assigning any reason is no order in