Full Judgment Text
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO.6114 OF 2009
(Arising out of S.L.P. (C) No.31147 of 2008)
Prem Nath Singh & Anr. ...Appellant(s)
Versus
State of Bihar & Ors. ...Respondent(s)
O R D E R
Leave granted.
Heard learned counsel for the parties.
By the impugned order, the High Court dismissed the
writ petition on the ground that the same was barred by
principles of constructive res judicata.
Having heard the learned counsel appearing on
behalf of the parties and perused the records, we are of
the view that the High Court was not justified in holding
that the writ petition was barred by the principles of
constructive res judicata. This being the position, we
have no other option but to remand the matter to the High
Court.
Accordingly, the appeal is allowed, impugned order
rendered by the High Court is set aside and the matter is
remanded to the High Court. Now, the High Court shall
decide the writ petition on merits after giving
opportunity of hearing to the parties in accordance with
law.
......................J.
[B.N. AGRAWAL]
......................J.
[G.S. SINGHVI]
New Delhi,
September 07, 2009.