TMI Blog2011 (2) TMI 1467X X X X Extracts X X X X X X X X Extracts X X X X ..... riented unit is entitled to sell certain percentage of its produce in the Domestic Tariff Area (DTA) after obtaining permission of the Development Commissioner- Respondent no.2. The dispute in this petition relates to the year 1996-97, 1997-98 and 1999-2000. The petitioner, so far as the year commencing from 1.7.1996 to 30.6.1997 is concerned, applied for permission and was granted permission allowing DTA sale by order dated 29.1.1998. So far as the subsequent order i.e. from 1.7.1997 to 30.6.1998 is concerned, DTA sale permission was granted by order dated 7.6.1999. The petitioner filed a writ petition in this Court being Writ Petition no.2388 of 2000 challenging a part of the permission granted relating to the year 1997-98. That writ p ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... entertain this petition; secondly he submitted that in the order granting DTA sale permission, the power to review the order is reserved, and therefore, the Authority has power to review the order. He also submitted that there was no necessity of issuing any show cause notice because what has been done by the impugned order is that the calculation mistake in the order is corrected. 4. There is no dispute before us that Order dated 4.6.2003 results in affecting the petitioners adversely. Obviously, therefore, the order could not have been made without complying with the principles of natural justice. It is now a settled law that the administrative power vested in the Authorities, statutory and nonstatutory, has to be exercised in consonan ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d not on Respondent no.2. The learned Counsel appearing for Respondents submitted that this order has been made in terms of the directions of the Ministry of Commerce and Industries. In our opinion, when power to review is conferred on a authority, it is for that authority to exercise that power and for making an order that authority cannot direct its subordinate to review the order in exercise of power of review which is conferred on that authority. It is further to be seen here is that no authority or Court has inherent power of review. The power of review has to be conferred on the authority. If any authority is necessary for this well established principle, it is to be found in the judgment of the Supreme Court in the case Harbhajan S ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... It is settled law that a case is not open to appeal unless the statute give such a right. The power to review must also be given by the statute. Prima facie a party who has obtained a decision is entitled to keep it unassailed, unless the Legislature had indicated the mode by which it can be set aside. A review is practically the hearing of an appeal by the same officer who decided the case. There is at least as good reason for saying that such power should not be exercised unless the statute gives it, as for saying that another tribunal should not hear an appeal from the trial court unless such a power is given to it by statute. It is, thus, clear that power to review has to be specifically conferred on the authority. We have not be ..... X X X X Extracts X X X X X X X X Extracts X X X X
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