Bir Bajrang Kumar
v.
State Of Bihar And Others
(Supreme Court Of India)
Civil Appeal No. 2791 Of 1985 In S.L.P.(Civil) No. 5209 Of 1985 | 08-07-1985
1. The Judgment was delivered by :
Special leave is granted.
2. Heard counsel for the parties. After going through the record of the case it appears that one of the cases involving an identical point has already been admitted by the High Court but another identical petition was dismissed by the same High Court. This, therefore, creates a very anomalous position and there is a clear possibility of two contradictory judgments being rendered in the same case by the High Court. In these circumstances, we allow this appeal and set aside the order dismissing C.W.J.C. No. 163 of 1985. This appeal is remanded to the High Court to be heard along with C.W.J.C. No. 5728 of 1984 which is pending hearing.
3. Status quo as on today in both the cases shall be maintained.
4. The respondents are at liberty to move to the High court for any other relief, if so advised.
5. Appeal allowed.
Special leave is granted.
2. Heard counsel for the parties. After going through the record of the case it appears that one of the cases involving an identical point has already been admitted by the High Court but another identical petition was dismissed by the same High Court. This, therefore, creates a very anomalous position and there is a clear possibility of two contradictory judgments being rendered in the same case by the High Court. In these circumstances, we allow this appeal and set aside the order dismissing C.W.J.C. No. 163 of 1985. This appeal is remanded to the High Court to be heard along with C.W.J.C. No. 5728 of 1984 which is pending hearing.
3. Status quo as on today in both the cases shall be maintained.
4. The respondents are at liberty to move to the High court for any other relief, if so advised.
5. Appeal allowed.
Advocates List
For
For Petitioner
- Shekhar Naphade
- Mahesh Agrawal
- Tarun Dua
For Respondent
- S. Vani
- B. Sunita Rao
- Sushil Kumar Pathak
Bench List
HON'BLE JUSTICE SYED M. FAZAL ALI
HON'BLE JUSTICE R. B. MISRA
Eq Citation
1987 (2) RCR (RENT) 13
AIR 1987 SC 1345
LQ/SC/1985/212
HeadNote
Constitution of India — Art. 226 — Identical cases — One case admitted and another identical case dismissed by same High Court — Remand to High Court to be heard along with pending case — Special leave granted — Order dismissing CWJC No 163 of 1985, set aside
Thank you for subscribing! Please check your inbox to opt-in.
Oh no, error happened! Please check the email address and/or try again.