Tikaula Sugar Mills Ltd vs State Of U.P.& Ors
- SCC(2011) 14 SCC 670
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
O R D E R
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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