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Tikaula Sugar Mills Ltd vs State Of U.P.& Ors

Supreme Court7 March 2011Deepak Verma · Dalveer Bhandari

Ratio decidendi

The rule this decision rests on

A single judge of a High Court, when setting aside an administrative order and remitting the matter to the administrative authority, is obliged to assign detailed reasons for the setting aside and remission in the judgment; a judgment that sets aside an order and remits it without any reasons is procedurally flawed and will be set aside by an appellate court.

Written by Miss Lucy from the judgment below, not taken from a headnote.

Judgment

As delivered

IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO.2347 OF 2011( ARISING OUT OF SPECIAL LEAVE PETITION(C)NO.5024 OF 2011)
TIKAULA SUGAR MILLS LTD. APPELLANT
VERSUS
STATE OF U.P.& ORS. RESPONDENTS
O R D E R
Leave granted.
We have heard learned counsel for the parties.

The impugned judgment emanates from the final judgment and

order dated 24th January, 2011 passed by the learned Single Judge of

High Court of Judicature at Allahabad, Lucknow Bench, Lucknow,

whereby the order dated 06.01.2011 of the Special Secretary,

Government of Uttar Pradesh was set aside and the matter was

remitted to the Chief Secretary, Government of Uttar Pradesh. The

learned Single Judge has not given any reasons for setting aside the

order and remitting the matter.

In our considered view, the learned Single Judge should

not have set aside the order and remitted it without assigning any

reasons. In this view of the matter, we are constrained to set

aside the impugned judgment dated 24.01.2011 and remit the matter to

the learned Single Judge of the High Court. We request the learned

Single Judge to hear the parties and give detailed reasons in the

judgment.

: 2 :

Since there is urgency in this matter, therefore, we

request the High Court to decide the matter as expeditiously as

possible, in any event, within one month from the date of

communication of this order.

The parties are directed to appear before the learned

Single Judge on 14.03.2011. It is needless to mention that this

order is confined to the appellant herein only.

The appeal is disposed of accordingly, leaving the parties

to bear their own costs.

...................J. (DALVEER BHANDARI)

...................J. (DEEPAK VERMA)

NEW DELHI;

7TH MARCH, 2011

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