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TMI Blog2017 (4) TMI 1648X X X X Extracts X X X X X X X X Extracts X X X X ..... which governed the controversy. In order to appreciate the factual and legal controversy involved in the lis, the least which is expected of is that the order which decides the lis between the parties should contain the brief facts involved in the case, the grounds on which the action is impugned, the stand of the parties defending the action, the submissions of the parties in support of their stand, legal provisions, if any, applicable to the controversy involved in the lis, and lastly, the brief reasons as to why the case of one party deserves acceptance or rejection, as the case may be. The writ Court should have issued notice of the writ petition to the respondents and then decided the writ petition on merits by reasoned order rather t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... y ground to interfere. The writ petition is, therefore, dismissed summarily. 4) The appellant, felt aggrieved, filed writ appeal before the Division Bench. By impugned order, the Division Bench dismissed the appeal in limine. The impugned order reads as under: Having heard learned counsel for the appellant we are of the opinion that no interference is called for in this appeal in the judgment of learned Single Judge who has rightly exercised his discretion in not interfering with the order passed by the Collector as the learned counsel has not been able to show how the impugned order is contrary to direction of Division Bench. In essence learned counsel for the appellant tried to urge that the decision rendered in Hotechad s case in the lig ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... o the controversy involved in the lis, and lastly, the brief reasons as to why the case of one party deserves acceptance or rejection, as the case may be. 10) This enables the superior Court to examine the legality of the decision in its proper perspective in its appellate jurisdiction. 11) Having regard to the nature of controversy involved in the case in hand, in our view, the writ Court should have issued notice of the writ petition to the respondents and then decided the writ petition on merits by reasoned order rather than to dismiss it in limine. 12) The Appellate Court too while dismissing the appeal in limine did not deal with any of the submissions raised by the appellant and nor assigned any reason much less in detail thereby depr ..... X X X X Extracts X X X X X X X X Extracts X X X X
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