SCA/189/2008 1/4 JUDGMENT IN THE HIGH COURT OF GUJARAT AT AHMEDABAD SPECIAL CIVIL APPLICATION No. 189 of 2008 For Approval and Signature: HONOURABLE MR.JUSTICE JAYANT PATEL ========================================================= 1 Whether Reporters of Local Papers may be allowed to see the judgment ? 2 To be referred to the Reporter or not ? 3 Whether their Lordships wish to see the fair copy of the judgment ? 4 Whether this case involves a substantial question of law as to the interpretation of the constitution of India, 1950 or any order made thereunder ? 5 Whether it is to be circulated to the civil judge ? ========================================================= THE CHAROTAR COOPERATIVE HOUSING SOCIETY LIMITED - Petitioner(s) Versus RAKESHKUMAR ANIRUDHALAL VYAS & 3 - Respondent(s) ========================================================= Appearance : MR AS ASTHAVADI for Petitioner(s) : 1, MR NV GANDHI for Respondent(s) : 1, GOVERNMENT PLEADER for Respondent(s) : 2 - 4. ========================================================= CORAM : HONOURABLE MR.JUSTICE JAYANT PATEL Date : 12/02/2008 ORAL JUDGMENT SCA/189/2008 2/4 JUDGMENT 1. Rule. Mr. Gandhi waives notice of Rule for respondent No.1 and Mr. Hukum Singh, learned AGP waives notice of Rule for respondent Nos.2 to 4. 2. With the consent of the learned advocates appearing for both the sides, the matter is finally heard. 3. The petitioner has preferred the petition for challenging the legality and validity of the order passed by the State Government in purported exercise of power, whereby the revision has been allowed and the order of the Additional Registrar, Appeal, is set aside. 4. Heard Mr.Asthavadi, learned counsel for the petitioner, Mr. Gandhi for private respondent and Mr.Hukum Singh, learned AGP for State Authorities including the State Government. 5. Upon hearing the learned advocates appearing for both the sides and perusal of the order passed by the State Government shows that from page Nos. 1 to 16, until the last second paragraph of page No.16, the submissions made by both the sides are reproduced and by three line order, without stating any reasons whatsoever, the revision is allowed. The order is absolutely a non-speaking order and it does not record reasons which has weighed to the authority for allowing of the revision application. It can be SCA/189/2008 3/4 JUDGMENT said that the power is exercised without stating any reasons whatsoever. Therefore, the order can be said in breach of principles of natural justice. Further, if the reasons are not stated, the higher forum, including this Court may not be able to conveniently undertake the judicial scrutiny of the impugned order. It is by now well settled that when the power is exercised by a quasi judicial authority, if not very very elaborative reasons, but precise reasons are required to be stated to support the order passed finally. In the present case, no reasons whatsoever are stated except that the record is called for and the Act and Rules are considered and as the Society is not functioning, the power is exercised. 6. In my view, such order cannot be sustained in the eye of law and deserves to be quashed and set aside and hence, quashed and set aside. 7. In the result, the impugned order passed by the State Government in Revision Application No.5 of 2007 is quashed and set aside with the further direction that the revision shall stand restored to the file of the State Government and the State Government shall decide the revision by recording reasons afresh after giving opportunity of hearing to all concerned as early as possible, preferably within a period of three months from the receipt of the order of this SCA/189/2008 4/4 JUDGMENT Court. 8. Petition is allowed to the aforesaid extent. Rule made absolute accordingly. D.S. (JAYANT PATEL, J.) *bjoy