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TMI Blog2023 (10) TMI 946X X X X Extracts X X X X X X X X Extracts X X X X ..... 10) TMI 482 - ALLAHABAD HIGH COURT] , on an identical sets of fact held that Reason is the heart beat of every conclusion. In the absence of reasons the order becomes lifeless. Non recording of reasons renders the order to be violative of principles of natural justice. Looking to the facts and on perusal of the above-quoted judgment, it is clear that the facts of the present case is squarely covered in the aforesaid judgment, hence the impugned orders cannot sustain. The matter is remitted back to the the first appellate authority who shall pass a fresh reasoned and speaking order in accordance with law - petition allowed by way of remand. - Hon'ble Piyush Agrawal, J. For the Petitioner : Aditya Gupta,Harsh Vardhan Gupt ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e alleged ground, the registration has been cancelled without giving any opportunity or notice to the petitioner(s). On getting the information undated, the order has been received against which, the appeal was preferred, which has been dismissed without assigning any reason, a copy of the same has been annexed as Annexure-2 to this petition. 6. In support of his submission, learned counsel for the petitioners placed reliance upon the recent judgment of this Court, on an identical sets of fact, passed in Writ Tax No.1476 of 2022 (M/s Namo Narayan Singh Vs. State of U.P., and 2 Ors.), decided on 10.10.2023. 7. Rebutting to the said submission, learned counsel appearing for the State authorities supports the impugned order and prays f ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... make known that there had been proper and due application of mind to the issue before the Court and also as an essential requisite of principles of natural justice. The giving of reasons for a decision is an essential attribute of judicial and judicious disposal of a matter before Courts, and which is the only indication to know about the manner and quality of exercise undertaken, as also the fact that the Court concerned had really applied its mind. [Vide State of Orissa Vs. Dhaniram Luhar (JT 2004(2) SC 172 and State of Rajasthan Vs. Sohan Lal Ors. JT 2004 (5) SCC 338:2004 (5) SCC 573]. 32. Reason is the heartbeat of every conclusion. It introduces clarity in an order and without the same, it becomes lifeless. Reasons substitute ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... xamined each question formulated in the appeal with reference to the material taken into consideration by the Tribunal in support of its finding thereon and given its reasons for holding that question is not a substantial question of law. It needs to be emphasised that every litigant, who approaches the court for relief is entitled to know the reason for acceptance or rejection of his prayer, particularly when either of the parties to the lis has a right of further appeal. Unless the litigant is made aware of the reasons which weighed with the court in denying him the relief prayed for, the remedy of appeal will not be meaningful. It is that reasoning, which can be subjected to examination at the higher forums. In State of Orissa Vs. Dhanir ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... canon of legal jurisprudence that the Courts/Authorities are vested with discretionary powers but such powers are to be exercised judiciously, equitably and in consonance with the settled principles of law. Whether or not, such judicial discretion has been exercised in accordance with the accepted norms, can only be reflected by the reasons recorded in the order impugned before the higher Court. Often it is said that absence of reasoning may ipso facto indicate whimsical exercise of judicial discretion. 14. Reason is the heart beat of every conclusion. In the absence of reasons the order becomes lifeless. Non recording of reasons renders the order to be violative of principles of natural justice. Reasons ensures transparency and fairn ..... X X X X Extracts X X X X X X X X Extracts X X X X
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