Full Judgment Text
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO.5221 OF 2009
(Arising out of SLP©No.2918 of 2007)
Dharmander Singh & Ors. ----Appellants
Versus
State of Haryana & Anr. ----Respondents
O R D E R
1. Leave granted.
2. In spite of due service upon the respondents, no one has appeared even today
at the time of hearing of this appeal.
3. Having heard the learned counsel for the appellants and after going through
the impugned order, we are of the view that the impugned order was passed by the
Division Bench of the High Court of Punjab & Haryana at Chandigarh without
applying its mind and without passing a reasoned order.
4. That being the position, we set aside the impugned order and the matter is
remitted back to the High Court for fresh decision in accordance with law. It is
expected that the High Court, while deciding this matter after remand, shall give
proper reasons and after giving hearing to the parties, pass a reasoned order in
accordance with law. The High Court is requested to dispose of the matter within
three months from the date of supply of a copy of this order to it.
5. The appeal is allowed to the extent indicated above. There will be no order as
to costs.
……………………..J.
[Tarun Chatterjee]
New Delhi; ……………………..J.
July 31, 2009. [R.M.Lodha]