The court emphasized the necessity for procedural fairness and detailed reasoning in administrative decisions, particularly regarding the validity of documents and the rights of affected parties.

JUDGMENT

Sureshwar Thakur, J. (Oral)

One Ajit Singh son of Banta Singh, resident of Village Toti, Tehsil Sultanpur Lodhi, District Kapurthala, instituted a Suit No.17/2013/A.D.C.(D), on 05.07.2013, before the Addl. Deputy Commissioner(D)-cum-Collector Panchayat Lands, Kapurthala. The said suit was instituted under Section 11 of the Punjab Village Common Lands (Regulation) Act, 1961 (hereinafter in short referred to as 'the Act of 1961'), whereby he claimed for the rendition of a declaratory decree, thus, declaring him to be the owner in possession of the suit land. Through Annexure P-1, being made on the said lis on 05.10.2015, the learned Collector concerned, declined the espoused declaratory decree to the plaintiff one Ajit Singh.

2. The denial of the espoused declaratory decree to Ajit Singh by the learned Collector concerned, led him to institute there against a statutory appeal bearing No.147 of 2015(Annexure P-3), before the Ld. Commissioner concerned, who after accepting the said statutory appeal, proceeded to, thus, grant the espoused declaratory decree to the plaintiff one Ajit Singh.

3. The decision (supra), as became made by the Ld. Commissioner, led the Gram Panchayat concerned to institute thereagainst Civil Writ Petition No.15172 of 2016, before this Court, and, this Court through a decision made thereons, on 03.05.2023 (Annexure P-4), after accepting the said writ petition, thus, made an order of remand to the learned Commissioner concerned. The relevant paras thereof become hereinafter extracted.

"xxxx xxxx xxxx xxxx xxxx xxxx xxxx xxxx xxxx xxxx xx

4. This Court, at this stage does not deem it fit, and, appropriate to quash Annexure P-4. The simple reason for doing so is firmly rooted, in the factum, that the impugned decision, as carried in Annexure P-4, does not detail, whether as a matter of fact the above referred lease registers, and, auction registers, and with the above apposite tallyings therein, thus came up for deliberation and discussion, and, thereafter for some reason becoming assigned by the Appellate Authority concerned, thus the validity of the said auction register, and, lease register rather became not countenanced. 5. Since only in the event of there being a discussion about the validity of the said documents, and, such a discussion but clearly reflecting, that the import of the said document has been misconstrued, thus resulting in a legally vitiated, and, flawed decision as carried in Annexure P-4, being made by the learned Appellate Authority, thereupon alone this Court would become constrained to accept the instant petition. Since the above has not been done, whereas, it was required to be thoroughly deliberated upon, and, also a well informed reason, was to be assigned, thus for either accepting or rejecting the validity of the above lease registers, and, auction register(s). Resultantly, this Court is constrained to after annulling Annexure P-4, to yet make an order of remand, upon, the learned Appellate Authority concerned, to after restoring appeal No.147 of 2015, to its original number, to thereafter make a well informed, and, reasoned decision, about the validity and import of the apposite lease registers, and, auction registers, and to thereafter within 3 months from today record a fresh decision, upon, the above appeal."

4. During the pendency of the said restored lis, the Remandee Court/the Ld. Commissioner concerned, entertained an application cast under Order 1, Rule 10 of CPC, as became filed by the apposite applicant, namely, Gurdev Singh. Moreover, an affirmative order (Annexure P-7) also became rendered thereons on 15.12.2023.

5. A reading of the impugned order, which becomes extracted hereinafter, reveals that it is cryptically drawn. Therefore, on the the said account, the impugned order is, thus, liable to be declared to be ridden with the vice of gross non-application of mind, vis a vis the trite factum that the said Gurdev Singh did well espoused that, unless he becomes h