Santokh Singh. Vs. State of Punjab & Ors.
EmailAppeal: Civil Appeal No. of 1987.
(In SLP 15563/85).
(In SLP 15563/85).
Petitioner: Santokh Singh.
Respondent: State of Punjab & Ors.
Apeal: Civil Appeal No. of 1987.
(In SLP 15563/85).
(In SLP 15563/85).
Judges: A.P. SEN & B.C. RAY, JJ.
Date of Judgment: Aug 31, 1987
Head Note:
WRIT :
In an earlier writ petition, the Constitution of India, 1950; Article 226 – High Court had directed the appellant to make representation to authorities – High Court was not justified in dismissing writ petition on ground of laches – It deserves hearing on merits.
JUDGEMENT:
O R D E R
1. Special leave granted. Arguments heard.
2. We are satisfied that the High Court was not justified in dismissing the writ petition in limine having regard to the fact that the appellant had earlier moved the High Court under Art. 226 of the Constitution being Writ Petition No.1073 of 1982 and it had directed that the appellant should make a representation and that the authorities should consider his representation within a reasonable time. That being so, the High Court was not justified in dismissing the writ petition on the ground of laches, It does raise question which deserved a hearing on merits.
3. We accordingly allow the appeal, set aside the judgment and order of the High Court and remit the writ petition to it for re-hearing and disposal on merits as expeditiously as possible after notice to the parties. No costs.
Appeal allowed.
1. Special leave granted. Arguments heard.
2. We are satisfied that the High Court was not justified in dismissing the writ petition in limine having regard to the fact that the appellant had earlier moved the High Court under Art. 226 of the Constitution being Writ Petition No.1073 of 1982 and it had directed that the appellant should make a representation and that the authorities should consider his representation within a reasonable time. That being so, the High Court was not justified in dismissing the writ petition on the ground of laches, It does raise question which deserved a hearing on merits.
3. We accordingly allow the appeal, set aside the judgment and order of the High Court and remit the writ petition to it for re-hearing and disposal on merits as expeditiously as possible after notice to the parties. No costs.
Appeal allowed.
