SC remit back the Judgement passed without reasoning to HC and asked to pass reasoned judgement

Problem of judgements without giving reasons continues :- Though the SC has criticised some high courts for writing judgements without giving reasons, the problem seems to continue. In the case of Tikaula Sugar Mills vs State of Uttar Pradesh, the Allahabad high court was asked to pass a reasoned judgement in the dispute. The high court had set aside the order of the Special Secretary, Government of Uttar Pradesh, without giving reasons. “In our considered view, the judge should not have set aside the order without assigning any reasons,” the SC said, and asked the high court to dispose of the case within a month.

Tikaula Sugar Mills Ltd. vs State Of U.P.& Ors. on 7 March, 2011

CIVIL APPELLATE JURISDICTION

CIVIL APPEAL NO.2347 OF 2011

( ARISING OUT OF SPECIAL LEAVE PETITION(C)NO.5024 OF 2011) TIKAULA SUGAR MILLS LTD. APPELLANT VERSUS

STATE OF U.P.& ORS. RESPONDENTS O R D E R

Leave granted.

We have heard learned counsel for the parties. The impugned judgment emanates from the final judgment and order dated 24th January, 2011 passed by the learned Single Judge of High Court of Judicature at Allahabad, Lucknow Bench, Lucknow, whereby the order dated 06.01.2011 of the Special Secretary, Government of Uttar Pradesh was set aside and the matter was remitted to the Chief Secretary, Government of Uttar Pradesh. The learned Single Judge has not given any reasons for setting aside the order and remitting the matter.

In our considered view, the learned Single Judge should not have set aside the order and remitted it without assigning any reasons. In this view of the matter, we are constrained to set aside the impugned judgment dated 24.01.2011 and remit the matter to the learned Single Judge of the High Court. We request the learned Single Judge to hear the parties and give detailed reasons in the judgment.

Since there is urgency in this matter, therefore, we request the High Court to decide the matter as expeditiously as possible, in any event, within one month from the date of communication of this order.

The parties are directed to appear before the learned Single Judge on 14.03.2011. It is needless to mention that this order is confined to the appellant herein only. The appeal is disposed of accordingly, leaving the parties to bear their own costs.

……………….J.

(DALVEER BHANDARI)

……………….J.

(DEEPAK VERMA)

NEW DELHI;

7TH MARCH, 2011

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