Full Judgment Text
NonReportable
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL Nos.1104711061 OF 2018
(Arising out of SLP(C) Nos.3028730301 of 2018)
(D.No. 12356/2018)
Sumer Singh Jat & Ors.
Etc.Etc. …..Appellant(s)
VERSUS
State of Rajasthan & Ors.
Etc.Etc. …..Respondent(s)
J U D G M E N T
Abhay Manohar Sapre, J.
1. Leave granted.
2. These appeals are directed against the final
judgments and orders passed by the High Court of
Signature Not Verified
Digitally signed by
ANITA MALHOTRA
Date: 2018.11.16
16:13:01 IST
Reason:
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Judicature for Rajasthan Bench at Jaipur in D.B.
Special Appeal Writ Nos. 794/2017 dated
20.09.2017, 908/2017 dated 06.10.2017,
792/2017, 801/2017 & 815/2017 dated
25.10.2017, 826/2017 dated 27.10.2017,
816/2017 dated 01.11.2017, judgments and orders
passed by the High Court of Judicature for
Rajasthan Bench at Jodhpur in D.B. Special Appeal
Writ Nos. 969/2017 dated 29.11.2017, 948/2017
dated 29.11.2017, 947/2017 dated 29.11.2017,
1069/2017 dated 06.12.2017, judgment and order
passed by the High Court of Judicature for
Rajasthan, Bench at Jaipur in D.B. Special Appeal
Writ No. 1999/2017 dated 03.01.2018, judgments
and orders passed by the High Court of Judicature
for Rajasthan Bench at Jodhpur in D.B. Special
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Appeal Writ Nos. 202/2018 dated 22.01.2018,
196/2018 dated 22.01.2018 and 207/2018 dated
22.01.2018 whereby the High Court dismissed the
appeals filed by the appellants herein.
3. Few facts need to be mentioned infra for
disposal of these appeals.
4. Appellant No. 1 and several others filed intra
court appeals before the Division Bench of the High
Court for Rajasthan Bench at Jaipur and Jodhpur
against the order dated 09.02.2017 & other similar
orders passed by Single Judge in the writ petitions.
5. By impugned judgments/orders, the Division
Bench affirmed the orders of the Single Judge and
dismissed the appeals filed by the appellants herein,
which have given rise to filing of the present appeals
by way of special leave in this Court.
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6. The short question, which arises for
consideration in these appeals, is whether the
impugned orders are sustainable in law.
7. Heard Ms. Aishwarya Bhati, learned counsel
for the appellants and Mr. Shiv Mangal Sharma,
learned AAG for the respondents.
8. 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 remand the
case to the Division Bench of the High Court for
deciding the appeals afresh on merits.
9. The need to remand the case has been
occasioned as the Division Bench has not assigned
any reason for dismissal of the appeals.
10. In our opinion, in the absence of any
discussion on the issues which have arisen in these
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cases and in the absence of any finding on the
submissions urged by the parties, it is not possible
to affirm the order. Indeed, none of the submissions
urged by the appellants are mentioned much less
dealt with either way on the merits of the case.
11. In view of the abovementioned reason, the
appeals succeed and are accordingly allowed. The
impugned judgments/orders are set aside. The
appeals out of which these appeals arise are
restored to their respective numbers before the High
Court for their fresh disposal on merits in
accordance with law.
12. Having formed an opinion to remand the case,
we have not gone into the merits of the controversy.
The High Court will, therefore, decide the appeals
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afresh on merits without being influenced by any of
our observations.
13. We request the High Court to dispose of the
appeals as expeditiously as possible preferably
within 6 months.
.……...................................J.
[ABHAY MANOHAR SAPRE]
…...................................J.
[INDU MALHOTRA]
New Delhi,
November 16, 2018.
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