SCA/3945/2008 1/4 JUDGMENT IN THE HIGH COURT OF GUJARAT AT AHMEDABAD SPECIAL CIVIL APPLICATION No. 3945 of 2008 With SPECIAL CIVIL APPLICATION No. 4016 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 ? ========================================================= RAJPUR(GADH) JUTH SEVA SAHAKARI MANDALI LTD - Petitioner(s) Versus THE STATE OF GUJARAT & 3 - Respondent(s) ========================================================= Appearance : MR NP CHAUDHARY for Petitioner(s) : 1,MR TM CHAUDHARY for Petitioner(s) : 1, GOVERNMENT PLEADER for Respondent(s) : 1, DS AFF.NOT FILED (N) for Respondent(s) : 1, NOTICE SERVED BY DS for Respondent(s) : 2 - 3. MR GIRISH K PATEL for Respondent(s) : 4, ========================================================= CORAM : HONOURABLE MR.JUSTICE JAYANT PATEL Date : 08/04/2008 ORAL JUDGMENT SCA/3945/2008 2/4 JUDGMENT 1. Rule. Mr.Shukla, learned AGP waives notice for State Authorities in Special Civil Application No.3948/08 and Ms. Patel, learned AGP appears in Special Civil Application No.4016/08 and waives notice for the State Government and its officers and Mr. Girish K. Patel appears for respondent No.4, main contesting respondent. The other respondents are served. 2. The short facts of the case appears to be that the registration of the petitioner Society was ordered to be made by the Assistant District Registrar. The respondent No.4 Society preferred revision before the Additional Registrar (Appeals) against the decision for grant of registration. The Additional Registrar (Appeals) vide order dated 04.05.2001 allowed the appeal and set aside the order. The petitioners preferred the revision before the State Government and the State Government rejected the revision vide order dated 25.01.2008. The perusal of the order passed by the State Government shows that no reason whatsoever is mentioned by the State Government while dismissing the revision application except that the record is examined and no case is made out for interference with the discussion and the verification made in decision of the Registrar. 3. It deserves to be recorded that in the present case, the State Government has not exercised SCA/3945/2008 3/4 JUDGMENT administrative power, but has exercised quasi judicial power. When the power is exercised by the quasi judicial authority, the principles of natural justice demands that if not elaborative, but the reasons which weighed to the authorities for passing the final order must be stated. The aforesaid recording of the reasons would also help the higher forum to undertake the judicial scrutiny, if ultimately, challenged. Unless the reasons are recorded, it may not be possible for the higher authority or the higher forum to know the grounds on the basis of which the final order has been passed by the quasi judicial authority. Therefore, it is expected and required for the quasi judicial authority which is the State Government in the present case to record the reasons and then to pass the order. As no reasons whatsoever are mentioned, the order being non-speaking order, the same cannot sustain in the eye of law. 4. Hence, the impugned orders of the State Government dated 25.01.2008 is quashed and set aside with the further direction that the Revision Applications Nos.87/2001 & 86/01 shall stand restored to the file of the State Government and the State Government after giving opportunity of hearing to both the sides, shall pass appropriate orders as early as possible, preferably within one month from the receipt of the order of this Court. Until the decision is SCA/3945/2008 4/4 JUDGMENT taken by the State Government and is communicated to the petitioner by Regd. A.D. Post, the status quo qua the management of the Society shall be maintained. Rule made absolute accordingly. No order as to costs. (JAYANT PATEL, J.) *bjoy