VINOD vs. COLLECTOR AND CHAIRMAN DISTRICT SELECTION COMMITTEE CHANDRAPUR

Full Judgment Text

NON-REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 3352/2018 (ARISING FROM SLP (C) NO. 7492/2018) VINOD APPELLANT(S) VERSUS COLLECTOR AND CHAIRMAN, DISTRICT SELECTION COMMITTEE, CHANDRAPUR & ORS. RESPONDENT(S)



J U D G M E N T

KURIAN, J.

	Leave granted.
	2. In the nature of order we propose to pass, it is<br>not necessary to issue notice to the respondents<br>since the interest of the respondents is not<br>otherwise affected.
	3. The appellant has been non-suited by the High<br>Court on the ground that the second writ petition<br>filed is not maintainable, having withdrawn earlier<br>writ petition without any leave.
	4. The order dated 28.07.2016 passed in the earlier<br>Writ Petition No.2748/2016 reads as follows:-

“Shri V.A. Dhabe, the learned counsel for the petitioner seeks permission to withdraw the Writ Petition. Signature Not Verified Digitally signed by MAHABIR SINGH Date: 2018.04.03 17:35:42 IST Reason: Permission is granted. The Writ Petition stands disposed of as withdrawn.” 1


5. It is fairly clear that the petition was<br>withdrawn only on account of the pendency of the<br>appeal. Apparently, that is why the High Court has,<br>in fact, not dismissed the petition; it has only<br>disposed it of.
6. In the second writ petition leading to the<br>impugned judgment, there is a specific prayer, which<br>reads as follows:-
	“(iii) quash and set aside the<br>communication dated 3.9.2016 at Annexure-10<br>issued by respondent No.5 being violative<br>of principles of natural justice and bad in<br>law;”
7. It appears that the prayer challenging the<br>subsequent order passed in appeal was not brought to<br>the notice of the High Court.
8. In that view of the matter, the writ petition<br>certainly is maintainable. Accordingly, we set aside<br>the impugned judgment with a request to the High<br>Court to consider Writ Petition No.484/2017 on<br>merits.
9. We make it clear that we have not considered the<br>merits of the matter.
10. The appellant is also directed to serve a copy of<br>this judgment along with a copy of this<br>petition/appeal to the respondents.
11. The appeal is, accordingly, disposed of.

	12. Pending applications, if any, shall stand<br>disposed of.
	13. There shall be no orders as to costs.


.........................J.
[KURIAN JOSEPH]


.........................J.
[MOHAN M. SHANTANAGOUDAR]



.........................J.
[NAVIN SINHA]
NEW DELHI;
MARCH 28, 2018.