Personal appearance of a statutory authority is not ordinarily required when its jurisdiction is challenged, absent recorded reasons.

When the jurisdiction of a statutory authority is under challenge, personal appearance is ordinarily not required unless the court records reasons justifying it. In proceedings arising under the Public Premises (Eviction of Unauthorised Occupants) Act, 1971, the District Judge had directed the Estate Officer to appear personally to explain the source of authority. The HC held that such a direction was unwarranted on the facts and set it aside. The underlying dispute on merits remained open before the District Judge, and the interference was limited only to removing the personal appearance requirement.

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Issues: Whether a statutory authority whose jurisdiction is challenged can be directed to appear personally before the appellate court.

Analysis: The petition arose from an order in an appeal under the Public Premises (Eviction of Unauthorised Occupants) Act, 1971, where the District Judge had required the Estate Officer to appear in person to explain the conferment of authority. The Court held that when the jurisdiction of a statutory authority is in issue, personal appearance is ordinarily not warranted. The order directing personal appearance was therefore examined only to that extent, without expressing any view on the merits of the underlying dispute.

Conclusion: The direction requiring the petitioner's personal appearance was set aside.

Final Conclusion: The petition was allowed to the limited extent of removing the requirement of personal appearance, while leaving the merits of the dispute open before the District Judge.

Ratio Decidendi: A statutory authority whose jurisdiction is under challenge is not ordinarily required to appear personally unless the court records reasons justifying such appearance.

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