State of Himachal Pradesh vs Sada Ram

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2009 Supreme(SC) 495

2009(3) Supreme 158
SUPREME COURT OF INDIA
Tarun Chatterjee and H.L. Datti, JJ.
State of Himachal Pradesh — Appellant
versus
Sh. Sada Ram & Anr. — Respondents
Civil Appeal No. 1717 of 2009
(Arising out of SLP (C) No. 12627 of 2006)
Decided on : 18-03-2009

Advocates appeared:
For the Appellants :Naresh K. Sharma, Advocates.
For the Respondents:Suryanarayana Singh, Ms. Pragati Neekhra, Advocates.

Headnote:Writ Petition – Disposed of by High Court without assigning any reasons – Appeal thereagainst – High Court, while disposing of writ application, ought to have at least given some reasons for dismissing the same and ought to have passed a speaking and a reasoned order – Such being the position and without going into the merits of the writ petition, impugned order set aside and direction given to High Court to decide writ petition afresh on merits – Appeal allowed. (Paras 3, 4)
       Facts of the Case :
        1. Writ Petition was Disposed of by High Court herein in the instant case without assigning any reasons.
        2. Present appeal has been filed against said order of High Court.
       Findings of the Court :
        High Court, while disposing of writ application, ought to have at least given some reasons for dismissing the same and ought to have passed a speaking and a reasoned order. Such being the position and without going into the merits of the writ petition, impugned order was set aside and direction was given to High Court to decide writ petition afresh on merits.
       Result : Appeal allowed.

JUDGMENT

Tarun Chatterjee, J. —

1. Leave granted.

2. The High Court, while dismissing the petition, passed the following order :-

“CMP No. 224 of 2006

Heard. We do not see any reason to interfere with the judgment of the Tribunal. The petition is dismissed.

CMP No. 332 of 2006

In view of the order passed in the main matter, this application shall also stand dismissed.”

3. In our view, the High Court, while disposing of the writ application, ought to have at least given some reasons for dismissing the same and ought to have passed a speaking and a reasoned order. Such being the position and without going into the merits of the writ petition, we set aside the impugned order and restore the writ petition and request the High Court to decide the writ petition afresh on merits.

4. The High Court is requested to dispose of the writ petition at an early date preferably within three months from the date of supply of a copy of this order to it. The impugned order is accordingly set aside. The appeal is allowed to the extent indicated above. There will be no order as to costs.

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2009 Supreme(SC) 495

2009(3) Supreme 158SUPREME COURT OF INDIATarun Chatterjee and H.L. Datti, JJ.State of Himachal Pradesh — AppellantversusSh. Sada Ram & Anr. — RespondentsCivil Appeal No. 1717 of 2009(Arising out of SLP (C) No. 12627 of 2006)Decided on : 18-03-2009

2009(3) Supreme 158
SUPREME COURT OF INDIA
Tarun Chatterjee and H.L. Datti, JJ.
State of Himachal Pradesh — Appellant
versus
Sh. Sada Ram & Anr. — Respondents
Civil Appeal No. 1717 of 2009
(Arising out of SLP (C) No. 12627 of 2006)
Decided on : 18-03-2009