Santana F. Dias & Ors. Vs. Union of India & Ors.
EmailAppeal: Civil Appeal No. 5763 of 1999
Petitioner: Santana F. Dias & Ors.
Respondent: Union of India & Ors.
Apeal: Civil Appeal No. 5763 of 1999
Judges: Dr. A.S. ANAND, CJI., R.C. LAHOTI & S.N. VARIAVA, JJ.
Date of Judgment: Apr 28, 2000
Head Note:
Practice and Procedure
Constitution
Articles 226,136 – Writ dismissed ignoring the fact that Petitioners were not parties in another writ out of which SLP arose – Writ required to be decided on merits. Held that orders set aside and matter remanded back.
JUDGEMENT:
ORDER
1. This appeal by special leave puts in issue an order of the Division Bench of the High Court of Bombay in Writ Petition No. 553/99 decided on 17th March, 1999.
2. The Division Bench dismissed the Writ petition ignoring the factual position that the Writ Petitioners (Appellants herein) were not parties in Writ Petition No. 2932/1991 from which Spe-cial Leave Petition (C) No. 16264/93 arose. The impugned order, therefore, proceeds on a wrong factual assumption. The Writ Petition was required to be decided on its own merits. Conse-quently, we are unable to sustain the order of the High Court and the same is set aside. The Writ Petition is remanded to the High Court for its fresh disposal on merits uninfluenced by the inter-im orders made by this Court in SLP (C) No. 16264/93. We request the High Court to dispose of the Writ Petition expeditiously.
3. The appeal succeeds and is accordingly allowed. No costs.
4. Parties through the learned Counsel are directed to appear before Registrar (Judicial) of the Bombay High Court on 6th of June, 2000.
1. This appeal by special leave puts in issue an order of the Division Bench of the High Court of Bombay in Writ Petition No. 553/99 decided on 17th March, 1999.
2. The Division Bench dismissed the Writ petition ignoring the factual position that the Writ Petitioners (Appellants herein) were not parties in Writ Petition No. 2932/1991 from which Spe-cial Leave Petition (C) No. 16264/93 arose. The impugned order, therefore, proceeds on a wrong factual assumption. The Writ Petition was required to be decided on its own merits. Conse-quently, we are unable to sustain the order of the High Court and the same is set aside. The Writ Petition is remanded to the High Court for its fresh disposal on merits uninfluenced by the inter-im orders made by this Court in SLP (C) No. 16264/93. We request the High Court to dispose of the Writ Petition expeditiously.
3. The appeal succeeds and is accordingly allowed. No costs.
4. Parties through the learned Counsel are directed to appear before Registrar (Judicial) of the Bombay High Court on 6th of June, 2000.
