Full Judgment Text
NON-
REPORTABLE
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO.1717 2009
(Arising out of SLP (C) No. 12627 of 2006)
State of Himachal Pradesh …….Appellant(s)
VERSUS
Sh. Sada Ram & Anr. …..Respondent(s)
J U D G M E N T
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.
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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.
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…………………………J.
[TARUN CHATTERJEE]
…………………………J.
[H. L. DATTU]
NEW DELHI
March 18, 2009
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