State of Himachal Pradesh Vs. Sh. Sada Ram & Anr.
EmailAppeal: Civil Appeal No.1717 2009
[Arising out of SLP (C) No. 12627 of 2006]
[Arising out of SLP (C) No. 12627 of 2006]
Petitioner: State of Himachal Pradesh
Respondent: Sh. Sada Ram & Anr.
Apeal: Civil Appeal No.1717 2009
[Arising out of SLP (C) No. 12627 of 2006]
[Arising out of SLP (C) No. 12627 of 2006]
Judges: Tarun Chatterjee & H. L. Dattu, JJ.
Date of Judgment: Mar 18, 2009
Head Note:
Practice and Procedure
Revision Petition – Dismissed without reasons. Held High Court ought to have passed a speaking and a reasoned order. It is requested to dispose of the writ petition at an early date preferably within three months. Order is set aside. (Paras 3-4)
Revision Petition – Dismissed without reasons. Held High Court ought to have passed a speaking and a reasoned order. It is requested to dispose of the writ petition at an early date preferably within three months. Order is set aside. (Paras 3-4)
JUDGEMENT:
TARUN CHATTERJEE, J.
1. Leave granted.
2. The High Court, while dismissing the petition, passed the following order :-
‘CMP No. 224 of 2006
Heard. We do not see any reason to interfere with the judgment of the Tribunal. The petition is dismissed.
CMP No. 332 of 2006
In view of the order passed in the main matter, this application shall also stand dismissed.’
3. In our view, the High Court, while disposing of the writ application, ought to have at least given some reasons for dismissing the same and ought to have passed a speaking and a reasoned order. Such being the position and without going into the merits of the writ petition, we set aside the impugned order and restore the writ petition and request the High Court to decide the writ petition afresh on merits.
4. The High Court is requested to dispose of the writ petition at an early date preferably within three months from the date of supply of a copy of this order to it. The impugned order is accordingly set aside. The appeal is allowed to the extent indicated above. There will be no order as to costs.
1. Leave granted.
2. The High Court, while dismissing the petition, passed the following order :-
‘CMP No. 224 of 2006
Heard. We do not see any reason to interfere with the judgment of the Tribunal. The petition is dismissed.
CMP No. 332 of 2006
In view of the order passed in the main matter, this application shall also stand dismissed.’
3. In our view, the High Court, while disposing of the writ application, ought to have at least given some reasons for dismissing the same and ought to have passed a speaking and a reasoned order. Such being the position and without going into the merits of the writ petition, we set aside the impugned order and restore the writ petition and request the High Court to decide the writ petition afresh on merits.
4. The High Court is requested to dispose of the writ petition at an early date preferably within three months from the date of supply of a copy of this order to it. The impugned order is accordingly set aside. The appeal is allowed to the extent indicated above. There will be no order as to costs.
