1 I N THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR WRIT PETITION No. 3671 OF 2007 Baban Jairam Atkar v. Jayant Wasudeo Bhore _______________________________________________________________ Office Notes, Office Memoranda of Coram appearances, Court's orders or directions Court's or Judge's orders and Registrar's orders Mr.Mehadia Advocate for the Petitioner. .... CORAM: A.B. CHAUDHARI, J. DATED : 1st NOVEMBER, 2007. Heard Mr.Mehadia, learned counsel for the petitioner. 2. Order of remand made by the Divisional Commissioner, Amravati, exercising powers of Maharashtra Land Revenue Tribunal is under challenge in the present writ petition. The learned counsel argued that the appellate authority was not right in remanding the matter to the Sub Divisional Officer because the Sub Divisional Officer did record reasons for arriving at the conclusion. According to 2 the learned counsel, assuming that any such reasons were not furnished in the order made by the S.D.O., fact remains that in the previous litigation number of orders were passed in favour of the petitioner which could have been taken note of by the Additional Commissioner in stead of remanding the matter to the S.D.O. He took me through the order passed by the S.D.O. 3. Having gone through the orders made by the appellate authority as well as by the S.D.O., I concur with the view taken by the appellate authority that the first authority, namely the S.D.O., discussed the history of the case and abruptly without recording any finding made the order. The order ought to contain adequate reasons even if there were orders in favour of the petitioner in the earlier litigation up to this Court. In that event the first authority is required to advert to those findings of facts or law and record reasons in 3 support of his order. The first authority cannot abdicate its function and say that whatever is stated in the history is correct. That shows non-application of mind, as rightly observed by the appellate authority. I, therefore, do not find any error or illegality in the order passed by the appellate authority. Petition dismissed summarily. S.D.O. Balapur shall now decide the proceedings as early as possible, and in any case on or before 31.3.2008. JUDGE /TA/