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2022 (3) TMI 1296

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..... dismissed the writ petitions in a most casual manner which is unsustainable. Except stating that we are not inclined to entertain writ petition , nothing further has been stated by the High Court giving reasons for the disinclination to entertain the writ petitions. The manner in which the High Court has dealt with and disposed of the writ petitions without passing any reasoned order is not appreciated by this Court. When a number of issues/grounds were raised in the writ petitions, it was the duty cast upon the court to deal with the same and thereafter, to pass a reasoned order. When the Constitution confers on the High Courts the power to give relief it becomes the duty of the Courts to give such relief in appropriate cases and the .....

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..... al, AOR For the Respondent : Mr. Balbir Singh, ASG Mr. Raj Bahadur Yadav, AOR JUDGMENT M. R. Shah, J. 1. Feeling aggrieved and dissatisfied with the impugned orders passed by the High Court of Judicature at Bombay in Writ Petitions Nos. 3209/2019, 3150/2019, 3208/2019 and 3137/2019, by which the Division Bench of the High Court has dismissed the said writ petitions in which the appellants herein original writ petitioners challenged the reopening of the assessment/reassessment proceedings, the original writ petitioners have preferred the present appeals. 2. We have heard Shri Devendra Jain, learned counsel appearing on behalf of the respective appellants and Shri Balbir Singh, learned ASG appearing on behalf of the Reve .....

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..... grounds raised in the writ petitions. The Division Bench of the High Court has dismissed the writ petitions in a most casual manner which is unsustainable. Except stating that we are not inclined to entertain writ petition , nothing further has been stated by the High Court giving reasons for the disinclination to entertain the writ petitions. 2.1 The manner in which the High Court has dealt with and disposed of the writ petitions without passing any reasoned order is not appreciated by this Court. When a number of issues/grounds were raised in the writ petitions, it was the duty cast upon the court to deal with the same and thereafter, to pass a reasoned order. When the Constitution confers on the High Courts the power to give relief .....

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..... nder Article 226 of the Constitution of India, it is observed and held by this Court that the reasons constitute the soul of judicial decision and how Judges communicate in their judgment is a defining characteristic of judicial process since quality of justice brings legitimacy to the judiciary. It is further observed that though statistics of disposal of cases is important of higher value is the intrinsic content of judgment. It is further observed that in exercise of powers under Article 226 the courts require to independently consider the issues involved. 3. Applying the law laid by this Court in the aforesaid decisions to the facts of the case on hand and the manner in which the High Court has disposed of the writ petitions, in the .....

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