State Of H.P Vs. Sada Ram On 18 March, 2009

Q: Q. What are the equivalent citations for State Of H.P vs Sada Ram ?

The equivalence citation are2009 (2) CTC 655 ; (2009) 4 SCC 422 ; 2009 (3) RCR (CIVIL) 718 ; JT 2009 (4) SC 165 ; 2009 (3) SCALE 842 ; LQ/SC/2009/596 ;

Q: Q. What was the bench assigned for the case State Of H.P vs Sada Ram ?

HONBLE MR. JUSTICE TARUN CHATTERJEE, HONBLE MR. JUSTICE H.L. DATTU

State Of H.p
v.
Sada Ram

(Supreme Court Of India)

Civil Appeal No. 1717 Of 2009 (Special Leave Petition (Civil) No. 12627 Of 2006) | 18-03-2009

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.

5. There will be no order as to costs.

Advocates List

For the Appellant Naresh K. Sharma, Advocate. For the Respondents Suryanarayana Singh, Pragati Neekhra, Advocate.

Bench List

HON'BLE MR. JUSTICE TARUN CHATTERJEE

HON'BLE MR. JUSTICE H.L. DATTU

Eq Citation

2009 (2) CTC 655

(2009) 4 SCC 422

2009 (3) RCR (CIVIL) 718

JT 2009 (4) SC 165

2009 (3) SCALE 842

LQ/SC/2009/596

HeadNote

Constitution of India — Arts. 226 and 227 — Exercise of power — Non-speaking order — Impermissibility — High Court dismissed writ petition without giving any reasons and without passing a speaking and reasoned order — Impugned order set aside and writ petition restored — High Court directed to decide writ petition afresh on merits — Civil Procedure Code, 1908, Or. 41 R. 1