HON’BLE SRI JUSTICE SANJAY KUMAR WRIT PETITION No.5114 of 2011 Date: March 04, 2011 Between: 1. C. Ranganadhudu & another. … Petitioners and 1. The Commissioner, Appeals, O/o Chief Commissioner of Land Administration, A.P., Hyderabad & 2 others. … Respondents * * * HON’BLE SRI JUSTICE SANJAY KUMAR WRIT PETITION No.5114 of 2011 ORDER: The petitioners are aggrieved by the action of the Commissioner (Appeals) O/o Chief Commissioner of Land Administration, Andhra Pradesh, in rejecting their stay application in the appeal filed by them against the order dated 21.7.2010 passed by the Joint Collector, Chittoor. 2. Perusal of the order dated 27.10.2010 passed by the Commissioner (Appeals) reflects that the Appellate Authority cursorily observed as under: “After examining the Appeal Petition together with its material papers, the Commissioner (Appeals), A.P., Hyderabad is pleased to condone the delay of (9) days and admitted the Appeal Petition. However, the Stay Petition stands rejected.” 3. The Appellate Authority, having entertained the appeal under BSO 15, ought to have set out the reasons as to why the stay application was rejected. Reason, as pointed out by the Supreme Court in Raj Kishore Jha v. State of Bihar[1], is the heart beat of every conclusion and without the same it becomes lifeless. The Commissioner (Appeals), being the statutory Appellate Authority, was therefore required to disclose the reasons as to why he found the stay application filed by the petitioners unworthy of consideration. The order passed by the Appellate Authority, bereft of reason, is therefore unsustainable. 4. The writ petition is accordingly allowed setting aside the order dated 27.10.2010, in so far as the rejection of the petitioners’ stay application is concerned, and the matter is remanded to the said authority for consideration afresh on the stay application and disposal in accordance with law. Needless to state, the Appellate Authority shall give due opportunity of hearing to both parties prior to passing a reasoned order. This exercise shall be completed within one week from the date of receipt of a copy of this order. In the circumstances, there shall be no order as to costs. ___________________ SANJAY KUMAR, J Date: March 04, 2011. Note: Issue C.C. by 08.3.2011. //B.O.// BSB [1] (2003) 11 SCC 519