Case Note & Summary
The petitioners, Nikhil Banduji Mahajan and Savita wd/o Banduji Mahajan, filed a writ petition challenging two orders passed by the Minister of Food, Civil Supplies and Consumer Protection, Maharashtra. The first order dated 10 June 2014 set aside all orders passed by the authorities below and directed the Deputy Commissioner (Supplies), Nagpur to decide the matter afresh. The second order dated 11 September 2014, passed in the same appeal, confirmed all the orders passed by the authorities below. Both orders were passed in exercise of appellate jurisdiction, not review jurisdiction. The High Court found the orders to be totally inconsistent and indefensible. The court allowed the writ petition, quashed the order dated 11 September 2014, and directed the District Supply Officer, Wardha to decide the matter within one month.
Headnote
A) Administrative Law - Appellate Jurisdiction - Inconsistent Orders - The Minister of Food, Civil Supplies and Consumer Protection passed two contradictory orders in the same appeal, first setting aside all lower orders and later confirming them, without any review jurisdiction. Held that such orders are indefensible and liable to be quashed. (Paras 2-3)
Issue of Consideration
Whether the Minister of Food, Civil Supplies and Consumer Protection could pass two inconsistent orders in the same appellate jurisdiction, and whether such orders are legally sustainable.
Final Decision
Writ petition allowed. Order dated 11 September 2014 passed by the Minister in Appeal No.265/2014 is quashed and set aside. District Supply Officer, Wardha to decide the matter within one month.
Law Points
- Appellate authority cannot pass inconsistent orders
- Review jurisdiction not exercised
- Orders indefensible
Case Details
2015 LawText (BOM) (02) 128
Writ Petition No. 6815 of 2014
S.M. Puranik for Petitioner, Neeraj Patil (AGP) for R1,5,6, F.T. Mirza for R3,4
Nikhil Banduji Mahajan and Smt. Savita wd/o Banduji Mahajan
State of Maharashtra, Hon. Minister for Food, Civil Supplies & Consumer Protection, Mrs. Kiran Ganesh Mahajan, Smt. Kusum wd/o Govindrao Mahajan, Deputy Commissioner, Food & Civil Supplies Department, District Supply Officer
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Nature of Litigation
Writ petition challenging two inconsistent orders passed by the Minister of Food, Civil Supplies and Consumer Protection in the same appeal.
Remedy Sought
Quashing of the order dated 11 September 2014 and direction to decide the matter afresh.
Filing Reason
The Minister passed two contradictory orders in the same appeal, first setting aside all lower orders and later confirming them, without any review jurisdiction.
Previous Decisions
The Minister passed order dated 10 June 2014 setting aside all orders below and directing Deputy Commissioner to decide; later on 11 September 2014 confirmed all orders below.
Issues
Whether the Minister could pass two inconsistent orders in the same appellate jurisdiction.
Whether the orders are legally sustainable.
Submissions/Arguments
Petitioner argued that the two orders are totally inconsistent and the later order is without jurisdiction.
Respondents argued in support of the orders.
Ratio Decidendi
An appellate authority cannot pass two inconsistent orders in the same appeal without exercising review jurisdiction; such orders are indefensible and liable to be quashed.
Judgment Excerpts
Two orders passed by the same Minister of Food, Civil Supplies and Consumer Protection, one on 10th June, 2014 and the other on 11th September, 2012 are totally inconsistent with each other.
Both the orders passed are in exercise of the appellate jurisdiction only. It was not the jurisdiction of review which was exercised. The orders are indefendable.
Procedural History
The petitioners filed Writ Petition No. 6815 of 2014 before the Bombay High Court, Nagpur Bench, challenging two orders of the Minister. The court heard the matter finally by consent and delivered judgment on 18 February 2015.
