SAVITA GARG vs UNION OF INDIAS - 2004 Supreme(SC) 1146

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2004 Supreme(SC) 1146

SUPREME COURT OF INDIA
SHIVARAJ V. PATIL, B.N. SRIKRISHNA, JJ.
SAVITA GARG - APPELLANT
VERSUS
UNION OF INDIA AND OTHERS - RESPONDENTS
CIVIL APPEAL NO. 6276 OF 2004,
DECIDED ON SEPTEMBER 24, 2004

Headnote:
Constitution of India, 1950, Article 226 -Disposal of Writ Petition-High Court dismissed the petition, observing that the petition involved disputed question of facts and the same could not, be entertained- Not proper- High Court was required to deal with the contentions raised in the writ petition- Therefore order of the High Court set aside - Writ petition remitted to the High Court for consideration on merits. [Paras 4 and 5]

ORDER

1. LEAVE GRANTED.

2. HEARD LEARNED COUNSEL FOR THE PARTIES.

3. THE WRIT PETITION FILED BY THE APPELLANT BEFORE THE HIGH COURT WAS DISPOSED OF BY THE FOLLOWING ORDER:

"HEARD LEARNED COUNSEL FOR THE PARTIES. THE PETITION INVOLVES DISPUTED QUESTION OF FACT. THE SAME CANNOT, THEREFORE, BE ENTERTAINED. THE PETITION, IS THEREFORE, DISMISSED."

4. AS IS EVIDENT FROM THE IMPUGNED ORDER EXTRACTED ABOVE, THE HIGH COURT DISPOSED OF THE WRIT PETITION MERELY OBSERVING THAT THE DISPUTED QUESTION OF FACT WAS INVOLVED IN THE WRIT PETITION, BUT, WITHOUT BRIEFLY REFERRING TO WHAT THE DISPUTED QUESTIONS OF FACT WERE THAT AROSE FOR CONSIDERATION.

5. IN OUR VIEW, THE IMPUGNED ORDER CANNOT BE SUSTAINED. IT WAS EXPECTED OF THE HIGH COURT TO DEAL WITH THE CONTENTIONS RAISED IN THE WRIT PETITION. WITHOUT EXPRESSING ONE WAY OR THE OTHER ON MERITS, WE SET ASIDE THE IMPUGNED ORDER AND REMIT THE WRIT PETITION TO THE HIGH COURT FOR CONSIDERATION ON MERITS. IF THERE IS ANY SUBSEQUENT EVENT, IT IS OPEN TO THE APPELLANT TO AMEND THE WRIT PETITION ACCORDINGLY.

6. THE APPEAL IS DISPOSED OF ACCORDINGLY.

7. NO COSTS.

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