Andhra Pradesh High Court: Writ Jurisdiction can be exercised when Order of Quasi-Judicial Authority is Unreasonable

Writ Petition Law Insider

Khushi Doshi

Published On: February 6, 2022 at 12:04 IST

The Andhra Pradesh High Court ruled that Quasi-Judicial authorities are not exempted from providing cogent reasons for Orders issued by them and that the Constitutional Court, in exercising its writ jurisdiction can interfere with final orders if they contain errors.

The Petitioner is the owner of Ac. 2.50 cents of land near the Krishna River. The Petitioner’s land was inundated due to an overflow of water from the Krishna River. The Petitioner applied to the Collector and District Magistrate of Krishna District for permission to de-cast sand from his land. The authorization was granted.

The Department of Mines and Geology, on the other hand, issued a Show Cause Notice to the Petitioner for a fine of Rs. 1,74,02,000/- for sand dispatching and encroachment on another property. The Mining Officer did not find the Petitioner’s explanation convincing and directed her to pay the penalty amount.

Dissatisfied, the Petitioner filed a Revision Petition, claiming that she was not provided with copies of documents such as the Surveyor’s Report and Inspection Proceedings. The Revisional Authority issued the impugned order, confirming the Mining Officer’s direction.

Mr. O. Manoher Reddy, Counsel for the Petitioner, claimed that the Revisional Authority passed the impugned Order without analysing any of the grounds and without listening to the Petitioner therefore it is not a speaking Order.

The Court pointed out that the contested order was issued by a quasi-judicial authority. The Court held that, under Article 226 of the Constitution, the constitutional court is not expected to interfere with final orders passed by the Statutory Authority unless the order contains manifest error and, if allowed, would amount to the perpetuation of grave injustice.

The Court ruled that because the Revisional Authority failed to provide compelling reasons to justify the Department’s massive demand of Rs. 1,74,02,000/-, the impugned Order should be overturned. As a result, the Writ Petition was granted, and the Case was remanded to the Statutory Authority with a directive to issue an appropriate Order.

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