Full Judgment Text
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO. 7082 OF 2010
(Arising out of SLP(C) No.15388/2008)
MOTIPUR SUGAR FACTORY LIMITED Appellant(s)
:VERSUS:
THE STATE OF BIHAR AND ORS. Respondent(s)
O R D E R
Leave granted.
This appeal is directed against the judgment and
order dated 26.2.2008 passed by the Division Bench of the
High Court of Judicature at Patna in Letters Patent
Appeal (L.P.A.) No.158 of 2008.
L.P.A. No.158 of 2008 was filed against an
interim order passed by the learned Single Judge of the
Patna High Court in writ petition C.W.J.C. No.427 of
2007. The Division Bench of the High Court while
disposing of the aforesaid LPA against the interim order,
also dismissed the main writ petition (C.W.J.C.
No.427/2007) which was pending before the learned Single
Judge.
We have heard the learned senior counsel appearing
on both sides.
-2-
We are of the considered view that in the facts
and circumstances of this case, the Division Bench of the
High Court ought not to have dismissed the writ petition.
We are constraint to set aside that part of the impugned
order by which the Division Bench has dismissed the
C.W.J.C. No.427/2007, and remit the matter to the learned
Single Judge for deciding the writ petition afresh on
merit.
Since this matter has been pending in this Court
for quite some time, we request the learned Single Judge
of the High Court of Judicature at Patna to dispose of
C.W.J.C. No.427/2007 as expeditiously as possible and
without being influenced by any observation made by the
Division Bench of the High Court.
With these observations, this appeal is disposed
of, leaving the parties to bear their own costs.
.....................J
(DALVEER BHANDARI)
.....................J
(DEEPAK VERMA)
New Delhi;
August 26, 2010.