Tajinder Pal Singh Vs. State of Haryana & Ors.
EmailAppeal: Civil Appeal No. of 1987
(Arising out of SLP No.16813 of 1985)
(Arising out of SLP No.16813 of 1985)
Petitioner: Tajinder Pal Singh
Respondent: State of Haryana & Ors.
Apeal: Civil Appeal No. of 1987
(Arising out of SLP No.16813 of 1985)
(Arising out of SLP No.16813 of 1985)
Judges: A.P.SEN & SABYASACHI MUKHARJI, JJ.
Date of Judgment: Mar 02, 1987
Appearances:
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Head Note:
CONSTITUTION OF INDIA, 1950
Art.226 – Dismissal of Writ Petition in limine – Petition before High Court did give rise to question which deserved a hearing on merits – Matter remitted to High Court for hearing afresh.
Held:
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Cases Reffered:
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JUDGEMENT:
ORDER
1. Special leave granted. Arguments heard.
2. After hearing learned counsel for the parties, we do feel that the petition filed by the petitioner under Art.226 of the Constitution before the High Court did give rise to questions which deserved a hearing on merits. The High Court was therefore not justified in dismissing the Writ Petition in limine. The judgment and order passed by the High Court are accordingly set aside and the Writ Petition remitted to the High Court for hearing afresh on merits, after notice to the parties.
3. The appeal is disposed off accordingly. No costs.
Appeal allowed.
1. Special leave granted. Arguments heard.
2. After hearing learned counsel for the parties, we do feel that the petition filed by the petitioner under Art.226 of the Constitution before the High Court did give rise to questions which deserved a hearing on merits. The High Court was therefore not justified in dismissing the Writ Petition in limine. The judgment and order passed by the High Court are accordingly set aside and the Writ Petition remitted to the High Court for hearing afresh on merits, after notice to the parties.
3. The appeal is disposed off accordingly. No costs.
Appeal allowed.
