9911796707
TMI Blog2025 (1) TMI 882X X X X Extracts X X X X X X X X Extracts X X X X ..... of the fact that writ petitions under Article 226 of the Constitution of India would not be entertained normally if statutory remedy is availed. However, existence of alternate remedy is not an embargo or an absolute bar to exercise power under Article 226 of the Constitution of India but a self-imposed restriction and the following circumstances viz., violation of principles of natural justice or lack of jurisdiction or error apparent on the face of the record are some of the exceptions carved out to the rule of alternate remedy for exercise of discretion under Article 226 of the Constitution of India. Conclusion - This Court is of the view that failure to grant a personal hearing is contrary to the mandate contained under Section 75(4) of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ration certificate is made, it is mandatory that a personal hearing must be granted. A perusal of the records would reveal that no personal hearing was granted though the petitioner had submitted its reply dated 15.07.2024. For the purpose of disposing of the present writ petition, it may not be relevant to deal in detail with the fact that the petitioner's registration certificate was earlier cancelled and on a revocation application, the same was restored, in view of the fact that the impugned order has been passed without granting a personal hearing, which is mandatory. 2. It is submitted by the learned counsel for the petitioner that in the absence of personal hearing, the impugned order stands vitiated. The learned counsel for the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... on relevant grounds and by disregarding extraneous considerations. (f) Reasons have virtually become as indispensable a component of a decision-making process as observing principles of natural justice by judicial, quasi-judicial and even by administrative bodies. (g) Reasons facilitate the process of judicial review by superior courts. (h) The ongoing judicial trend in all countries committed to rule of law and constitutional governance is in favour of reasoned decisions based on relevant facts. This is virtually the lifeblood of judicial decision-making justifying the principle that reason is the soul of justice. (i) Judicial or even quasi-judicial opinions these days can be as different as the judges and authorities who deliver them. Al ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... re, for development of law, requirement of giving reasons for the decision is of the essence and is virtually a part of due process . 3. The learned counsel for the respondent would submit that this is an appealable order and therefore, the writ petition ought not to be entertained under Article 226 of the Constitution of India. 4. This Court is conscious of the fact that writ petitions under Article 226 of the Constitution of India would not be entertained normally if statutory remedy is availed. However, existence of alternate remedy is not an embargo or an absolute bar to exercise power under Article 226 of the Constitution of India but a self-imposed restriction and the following circumstances viz., violation of principles of natural ju ..... X X X X Extracts X X X X X X X X Extracts X X X X
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