TaxTMI 
TaxTMI 
2004 (8) TMI 705
X X X X Extracts X X X X
X X X X Extracts X X X X
....19.10.1978 accepted the prayer of one Cyril Lasrado (applicant before it) wherein he had prayed for recording his name as occupant of the concerned land. The applicant was the predecessor-ininterest of the present appellants. By the said order, the Tribunal directed registration of Cyril Lasrado as the occupant of the land mentioned in the order in terms of Section 48-A of the Karnataka Land Reforms Act, 1961 (in short the 'Act'). Since certain reliefs which were prayed for had not been granted, Cyril Lasrado filed a Writ Petition No. 29259 of 1992 before the Karnataka High Court. Respondent who was the General Power of Attorney holder and the respondent no. 2 filed an application to be impleaded in the writ petition which was rejected. Sui....
X X X X Extracts X X X X
X X X X Extracts X X X X
....ge so as to call for any interference. However, the Tribunal shall hear the aggrieved parties after giving them opportunity and pass appropriate orders in accordance with law. Writ Appeal is disposed of accordingly." It has to be noted that the present appellants brought to the notice of the Division Bench that there had been delay of 138 days in filing the Writ Appeal as they were not aware of filing the writ petition and its disposal and when they came to know about it they applied for certified copy and after obtaining the same, filed the writ appeal. On merits also it was submitted that after a long lapse of about 19 years the writ petition had been filed against a dead person and even without issuance of notice the writ petition was....
X X X X Extracts X X X X
X X X X Extracts X X X X
....unal, the learned Single Judge disposed of the matter even without issuance of notice to the legal representatives. The writ petition was filed after about two decades. That prima facie made learned Single Judge's order vulnerable. The Division Bench without indicating any reason as to how the conclusions of learned Single Judge were in order dismissed the Writ Appeal. Learned counsel for the respondents submitted that substantive justice has been done. The Tribunal's order is prima facie illegal and, therefore, learned Single Judge felt it desirable to remit the matter to the Tribunal. Even the Division Bench has directed that the aggrieved parties shall be given opportunity of being heard and, therefore, there is no violation of the pr....
X X X X Extracts X X X X
X X X X Extracts X X X X
....ding reasons is that if the decision reveals the "inscrutable face of the sphinx", it can, by its silence, render it virtually impossible for the Courts to perform their appellate function or exercise the power of judicial review in adjudging the validity of the decision. Right to reason is an indispensable part of a sound judicial system, reasons at least sufficient to indicate an application of mind to the matter before Court. Another rationale is that the affected party can know why the decision has gone against him. One of the salutary requirements of natural justice is spelling out reasons for the order made, in other words, a speaking out. The "inscrutable face of a sphinx" is ordinarily incongruous with a judicial or quasi-judicial p....