Recording Of Reasons: Approach Of Article 136 Cannot Be Adopted While Deciding Petitions By The High Court Under Article 227 : Supreme Court

Supreme Court on Monday observed that the approach of Article 136 of the Constitution cannot be adopted while deciding petitions by the High Court under Article 227 of the Constitution of India.

A Division Bench of Justice SK Kaul and Justice Hrishikesh Roy made the observation while hearing an appeal filed against order of the Madhya Pradesh High Court under Article 227 of the Constitution, assailing the order of the Board of Revenue, Gwalior. The Court set aside the impugned order and remitted the matter back for the High Court's reconsideration for proper recording of the reasons and the Parties' submissions.

The Top Court has in its order noted that while the High Court has stated that the parties involved had advanced contentions at length, those submissions have not been reflected in its order. In the Court's view, its is not necessary, in a matter like this to record elaborate reasons but since these matters are carried forward to Supreme Court, the reasons, have to be recorded to facilitate the Court to understand what weighed with the Judge while dismissing the petition.

The Court therefore set aside the impugned order and remitted the matter back for the High Court's reconsideration so that the order to be passed one way or the other records reasons for the same, even if they are brief. The Court has also directed the matter to be heard by another Judge.

The Court observed that the approach of Article 136 of the Constitution cannot be adopted while deciding petitions by the High Court under Article 227 of the Constitution of India!

Article 136 in the Constitution of India vests the Supreme Court of India with a special power to grant special leave, to appeal against any judgment or order or decree in any matter or cause, passed or made by any Court or tribunal in the territory of India. Being a discretionary power vested in the Supreme Court of India, the court may in its discretion refuse to grant leave to appeal.

Article 227 of the Constitution determines that every High Court shall have superintendence over all courts and tribunals throughout the territories in relation to which it exercises jurisdiction (except a court formed under a law related to armed forces). Under this Article, the High Court may call for returns from such courts, make and issue general rules and prescribe forms for regulating the proceedings of such courts, and prescribe forms in which books, entries and accounts shall be kept by the officers of any such courts

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