HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU WP(C) No. 2243/2022 Chain Singh S/o Sh. Punnu Ram, Caste Thakur R/o Village Parnalla Mohra Stoa, Tehsil Billawar, District Kathua …..Petitioner Through: Ms. Divya Ojesvi, Advocate Vs 1. The Commissioner cum Secretary, J&K, Revenue Department, Civil Secretariat Jammu 2. The Additional Deputy Commissioner (Collector) Billawar, District Kathua 3. The Tehsildar Billawar. 4. Swarn Singh S/o Sh. Punnu Ram caste Thakur R/o village Parnalla Mohra Stoa, Tehsil Billawar, District Kathua. .…. Respondents Through: Ms. Chetna Manhas, Assisting Counsel vice Mrs. Monika Kohli, Sr. AAG for R- 1 to 3 Mr. Kamal Gupta, Advocate for R-4 CORAM: HON’BLE MR. JUSTICE SANJAY DHAR, JUDGE ORDER (04.08.2025) 01. The petitioner through the medium of the present petition has challenged the order dated 06.09.2022 in file No. ADC/Blr/239 passed by the Additional Deputy Commissioner, (Collector) Billawar, District Kathua, Serial No. 31 2 WP(C) No. 2243/2022 whereby appeal filed by the petitioner against order dated 26.09.2006 regarding a pathway in Khasra No. 1791 situated at village Parnalla More Stoa in Tehsil Billawar, has been dismissed and the order passed by the Tehsildar, Billawar has been upheld. A further direction has been issued to the Tehsildar, Billawar to evict the petitioner from the pathway in question. 02. Heard learned counsel for the parties and perused the record. 03. A perusal of the impugned order reveals that even though, the same is running into ten paras comprising three pages yet the same is cryptic in nature and is bereft of any reasons. It appears that the learned Additional Deputy Commissioner, (Collector), Billawar, has after recording the submissions of the parties, upheld the order of the Tehsildar without assigning any reasons much less cogent reasons. 04. For facility of reference, the relevant extracts of order dated 06.09.2022 are reproduced as under :- "The appellant as well as respondent are present. The record available in the file perused minutely and found that Tehsildar Billawar has passed order after conducting enquiry thoroughly and found on merits so the appeal is 3 WP(C) No. 2243/2022 disallowed and order passed by the Tehsildar Billawar is upheld. Tehsildar Billawar is directed to evict the appellant and made open pathway as during subjudice of this appeal appellant had encroached the pathway and violated the status quo order. The stay order if any issued is vacated. The record file shall be consigned to records after its due completion.” 05. From a perusal of the aforesaid order it is clear that the learned Additional Deputy Commissioner, (Collector), Billawar, has not assigned any reason for coming to the conclusion as to why the appeal of the petitioner is being disallowed. Merely, stating that after perusal of the available record minutely, the order of the Tehsildar is founded on merits, does not satisfy the requirements of law. 06. A quasi-judicial authority is expected to assign reasons for reaching a particular conclusion. Reasons are the heart beat of every judicial/quasi-judicial order and without assigning reasons, an order made by a judicial/quasi-judicial authority becomes arbitrary in nature which cannot be sustained in law. This is what has been done by the learned Additional Deputy Commissioner, (Collector), Billawar in the present case. 4 WP(C) No. 2243/2022 07. For the foregoing reasons, the petition is allowed and the impugned order dated 06.09.2022 passed by the learned Additional Deputy Commissioner, (Collector), Billawar is set-aside. Appeal filed by the petitioner is remanded to the learned Additional Deputy Commissioner, (Collector), Billawar, with a direction to decide the appeal afresh after hearing the parties whereupon a fresh detailed order assigning the reasons shall be passed by the said authority. 08. Needful shall be done by the learned Additional Deputy Commissioner, (Collector), Billawar most expeditiously preferably within a period of six months from the date of a copy of this order is made available to the said authority. 09. The writ petition is accordingly, disposed of. (SANJAY DHAR) JUDGE JAMMU 04.08.2025 SUNIL Whether the order is speaking : Yes Whether the order is reportable : No