Full Judgment Text
NonReportable
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO.10781 OF 2018
(Arising out of SLP(C ) No. 26294 of 2018)
RAGHUBIR SINGH …..Appellant(s)
VERSUS
STATE OF RAJASTHAN & ORS. …..Respondent(s)
J U D G M E N T
Abhay Manohar Sapre, J.
1. Leave granted.
2. This appeal is directed against the final
judgment and order dated 04.12.2017 of the High
Court of Judicature for Rajasthan at Jaipur in D.B.
Signature Not Verified
Special Appeal Writ No. 1598 of 2017 whereby the
Digitally signed by
ANITA MALHOTRA
Date: 2018.10.26
17:15:41 IST
Reason:
High Court disposed of the same filed by the
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appellant upholding the final order and judgment
dated 04.09.2017 passed by the learned Single
Judge.
3.
Few facts need to be mentioned infra for the
disposal of this appeal, which involves a short point.
4. The dispute, which is subject matter of this
appeal, relates to acquisition of land under the
provisions of the Land Acquisition Act (for short
called The Act).
5. The challenge was made by the appellant (writ
petitioner) by filing the writ petition in the High
Court to the issuance of Section 4 notifications and
subsequent notifications issued under the Act on
several factual and legal grounds.
6. The learned Single Judge dismissed the writ
petition, which gave rise to filing of the intra court
appeal by the writ petitioner before the Division
Bench. By impugned order, the Division Bench
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dismissed the appeal and upheld the order passed
by the learned Single judge, which has given rise to
filing of special leave to appeal in this Court.
7. Having heard the learned counsel for the parties
and on perusal of the record of the case, we are
constrained to allow the appeal and while setting
aside the impugned order remand the intra court
appeal to the Division Bench of the High Court for its
disposal afresh on merits in accordance with law.
8. In our considered view, the need to remand the
appeal to the Division Bench for its decision afresh
on merits has occasioned inter alia for the reason
that it did not deal with any of the issues arising in
the case and nor it seemed to have dealt with any of
the submissions urged by the parties and, especially,
the submissions urged by the appellant.
9. In our considered opinion, the intra court
appeal did involve factual and legal issues, which
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were decided by the Single Judge, therefore, once
they were carried in intra court appeal by an
aggrieved party and pressed in service while assailing
the order of the Single Judge, it was incumbent upon
the Division Bench to deal with all the issues urged
and record its findings one way or the other on every
issue urged keeping in view the legal provisions
applicable to the issues.
10. It was, however, not done by the Division Bench
and in a cursory manner, the Division Bench
disposed of the appeal, resulting in its dismissal.
11. We find ourselves unable to concur with such
disposal and feel inclined to set aside the impugned
order and remand the case to the Division Bench of
the High Court with a request to decide the appeal
afresh on merits in accordance with law.
12. Having formed an opinion to remand the case in
the light of our reasoning mentioned above, we do not
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consider it proper to go into the merits of the case
and, therefore, leave all the issues to be dealt with by
the Division Bench for its decision on merits.
13. In view of the foregoing discussion, the appeal
succeeds and is accordingly allowed. Impugned order
is set aside. The case (intra court appeal) is
remanded to the Division Bench of the High Court for
its decision on merits uninfluenced by any of our
observations in this order. We request the High Court
to dispose of the appeal as expeditiously as possible
preferably within 6 months.
14. Pending application(s), if any, stand disposed of.
……...................................J.
[ABHAY MANOHAR SAPRE]
…....................................J.
[INDU MALHOTRA]
New Delhi,
October 26, 2018.
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