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TMI Blog2018 (12) TMI 1943X X X X Extracts X X X X X X X X Extracts X X X X ..... its in accordance with law by passing reasoned order after dealing with all the contentions raised by the parties in support of their case. As a consequence, the merits of the case could not be examined either by the Commissioner in appeal properly or the High Court in writ petition - the parties were entitled for a decision of their case on merits by the Appellate Court (Commissioner) and then by the High Court in its writ jurisdiction. In this case, neither the Commissioner could record any finding on the merits and nor the High Court. The case is remanded to the Commissioner, Lucknow Division, Lucknow (UP) for deciding the appeals afresh on merits - Appeal allowed in part by way of remand. X X X X Extracts X X X X X X X X Extracts X X X X ..... efore, Respondent No. 1 filed a writ petition before the High Court of Judicature at Allahabad, Bench at Lucknow. 7. By impugned order, the High Court allowed the writ petition and set aside the order dated 14.02.2007 of SDM, Mishrit and also the order dated 07.06.2007 of the Commissioner, Lucknow in Appeal No. 38/2006-07 and Appeal No. 651/2006-07. 8. The High Court set aside the order of the Commissioner mainly on the ground that it was not a reasoned order. In other words, the High Court was of the view that the Commissioner did not discuss all the issues arising in the case. 9. Aggrieved by the said order, the Appellant has filed this appeal by way of special leave in this Court because according to the Appellant, the impugned order ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... prefer the second option and while giving effect to the impugned order remand the case (appeal) to the Commissioner to enable him to examine the merits of the case in accordance with law. 14. In view of the foregoing discussion, the appeal succeeds and is accordingly allowed in part. The case is remanded to the Commissioner, Lucknow Division, Lucknow (UP) for deciding the appeals afresh on merits. 15. The appeals bearing Nos. 38/2006-07 and 651/2006-2007 are accordingly restored to their respective numbers on the file of the Commissioner for their disposal in accordance with law on merits. 16. The Appellant and Respondent No. 1 both will appear before the Commissioner, Lucknow on 14th December, 2018 and file a copy of this Order. The Co ..... X X X X Extracts X X X X X X X X Extracts X X X X
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