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IN THE HIGH COURT OF ORISSA AT CUTTACK
MURAHARI SRI RAMAN
Kumudini Samantara – Appellant
Versus
Joint Commissioner, Settlement and Consolidation, Berhampur – Respondent
| Table of Content |
|---|
| 1. introduction to case and prayer of the petitioners. (Para 1) |
| 2. court's observation on the proceedings and rationale. (Para 2 , 5 , 6) |
| 3. arguments regarding the validity of the impugned order. (Para 3 , 4) |
| 4. court's decision to set aside the impugned order. (Para 7 , 10) |
| 5. importance of giving reasons in decision-making. (Para 8 , 9) |
| 6. conclusion of the writ petition. (Para 11 , 12) |
ORDER :
MURAHARI SRI RAMAN, J.
1. Assailing the order dated 10.09.1998 passed by the learned Joint Commissioner, Settlement and Consolidation, Berhampur, opposite party no.1 in Revision Case No.437 of 1992, whereby matter got remitted to the learned Consolidation Officer, Bhanjanagar for examination of the issue and physical possession keeping in view the contents of the Registered Partition Deed between the parties, the petitioners have preferred the present writ petition with the following prayer(s):-
“In the facts and circumstances of the case, it is therefore most humbly prayed that, this Hon’ble Court be graciously pleased to admit this writ petition, issue rule Nisi calling upon the Opp.parties to show cause as to why the prayers made hereunder be not allowed and upon showing insuffi
The necessity of providing clear reasoning in decision-making is critical for judicial integrity and transparency, ensuring just outcomes in administrative and quasi-judicial decisions.
Quasi-judicial authorities must record detailed reasons for decisions, ensuring procedural fairness and preventing arbitrary action.
A quasi-judicial authority must provide a reasoned order to ensure transparency and accountability in decision-making.
A mere recital of vague reasons would not be sufficient nor a matter like the present one where the aggrieved party has a right to know the reasons for the decision being taken either for or against ....
It is a settled legal proposition that not only administrative but also judicial order must be supported by reasons, recorded in it. Thus, while deciding an issue, the Court is bound to give reasons ....
Point of Law : in absence of prescription of any specific period of limitation in a statute, the remedies cannot be said to be available to a party to assail an order passed under such Act at its whi....
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