Quasi-judicial authorities must provide reasons for their decisions, as failure to do so would be a failure of justice.

Rajive Bhalla, J.

1. Prayer in the present writ petition filed by the petitioners under Articles 226/227 of the Constitution of India is for the issuance of a writ of Certiorari, quashing the impugned orders dated 7.3.1990 and 6.1.1994 passed by the Commissioner, Gurgaon Division, Gurgaon and the Financial Commissioner, Haryana (Annexures P-9 and P-10 respectively.)

2. The petitioners, Initiated proceedings for partition of the land in dispute. Respondents No. 3 to 6, preferred an application for being impleaded as a party, on the premise that they were shareholders in the land in dispute. The petitioners opposed the application, contending that the question of title stood settled inter-parties against the respondents.

3. The Assistant Collector, 1st Grade, Gurgaon, vide order dated 12,1.1988, directed the parties to seek adjudication of the question of title, before an appropriate forum and simultaneously stayed the proceedings for partition.

4. In-an appeal, filed by the petitioners, the Collector, Gurgaon vide order dated 30.5.1988, set aside the order of the Assistant Collector, and held that no question of title arose as it had already been adjudicated upon . Partition proceedings were directed to commence.

5. Respondents No. 3 to 6, impugned the above order by way of a Revision filed before the Commissioner, Gurgaon Division, Gurgaon. The Commissioner recommended for the acceptance of the revision petition, to the Financial Commissioner on the ground that a question of title, had arisen inter parties.

6. The Financial Commissioner accepted the revision, set aside the order passed by the Collector and restored the order passed by the Assistant Collector, 1st Grade, thus, staying the partition proceedings and directing the parties to seek adjudication of the question of title before an appropriate forum.

7. Counsel for the petitioners, apart from raising various points, contends that the Financial Commissioner, accepted the recommendations forwarded by the Commissioner, without passing a speaking order. The Financial Commissioners order does not disclose the reasons that led (he Financial Commissioner to accept the recommendations. The order being non-speaking is liable to be set aside and the matter be remanded to the Financial Commissioner for a decision afresh.

8. Counsel for the private respondents contends that the Financial Commissioner, need not have furnished detailed reasons, for accepting the recommendations made to him by the Commissioner. It was sufficient for the Financial Commissioner to express agreement with the recommendations made and, therefore, the impugned order does not suffer from any illegality and consequently the present writ petition be dismissed.

9. I have heard learned counsel for the parties and perused the record.

10. The only reasons recorded by the Financial Commissioner, while accepting the revision petition are as follows:-

"1 have gone through the well reasoned and speaking order of the Commissioner, Gurgaon Division and am in entire agreement with him that the petitioners appear to have a genuine and legitimate right to their share in the shamilat patti."

11. A perusal of the above extract, leaves no manner of doubt that the Financial Commissioner was in complete agreement with the order passed by the Commissioner. Be that as it may, the Financial Commissioner, being a quasi judicial authority, was required to record, howsoever briefly, the reasons, that persuaded him to agree with the order passed by the Commissioner. The impugned order, however, is devoid of any reasons. The Financial Commissioner is the final authority in the hierarchy of revenue officers/Courts under the provisions of the Punjab Land Revenue Act, 1887, his order being final. While discharging his statutory obligations, the Financial Commissioner is required to examine the matter on merits, and after noticing the facts and the respective contentions, pass an order accepting or rejecting the respective content