Full Judgment Text
NON-REPORTABLE
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO.13695 OF 2015
(Arising out of SLP(C)No.21823 Of 2012)
CHIEF SECRETARY OF GOVERNMENT OF
KARNATAKA & ORS. ... APPELLANT(S)
VS.
M.HABEEB (D) BY LRS.
... RESPONDENT(S)
J U D G M E N T
ANIL R. DAVE, J.
1. Leave granted.
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2. The order dated 5 July, 2012, passed by the High
Court of Karnataka at Bangalore, passed in W.P.No.8608/2011
has been challenged in this appeal.
3. By virtue of the said order, the High Court has
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directed that the order dated 15 April, 2008 passed in
JUDGMENT
W.P.No.3502/2006 by the learned Single Judge of the High
Court be implemented.
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4. It is an admitted fact that the order dated 15
April, 2008 has been challenged by the present appellants-
the State of Karnataka by filing a writ appeal and the said
appeal is still pending. In view of the said fact, we are
of the view that first of all that writ appeal should be
finally decided and till then, the impugned order should
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not have been passed. We clarify that any observation made
in the impugned order shall not be taken into account by
the High Court and the writ appeal shall be finally decided
on its merits.
5. The impugned order is set aside and the appeal is
disposed of with the above observations. Pending
application, if any, stands disposed of.
6. There shall be no order as to costs.
..............J.
[ANIL R. DAVE]
..............J.
[ADARSH KUMAR GOEL]
New Delhi;
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24 November, 2015.
JUDGMENT
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