NARAIN & ORS. v. UNION OF INDIA & ANR. [2011] INSC 235 (22 February 2011)

Judgement

CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 2000 OF 2011 (Arising out of SLP(C) No.4312/2009)

NARAIN AND ORS. Appellant(s) :


VERSUS:


UNION OF INDIA AND ANR. Respondent(s)

WITH CIVIL APPEAL NO. 2001 OF 2011 (Arising out of SLP(C) No.4708/2009)

O R D E R

Leave granted.

We have heard the learned counsel for the parties. This order will dispose of both these appeals. These appeals emanate from the judgments and orders dated 27th August, 2008 passed by the Division Bench of the High Court of Judicature at Rajasthan at Jodhpur in Civil Writ Petition Nos.1326/2008 and 7919/2007 by which the writ petitions have been dismissed summarily without giving any reasons therefor.

-2- Having heard the learned counsel for the parties and after perusing the records, we are of the considered view that the High Court ought to have given reasons for deciding the matters. We are, therefore, constrained to set aside the impugned judgments and orders dated 27th August, 2008 passed by the Division Bench of the High Court of Judicature at Rajasthan at Jodhpur in Civil Writ Petition Nos.1326/2008 and 7919/2007, and remit these matters to the High Court for deciding them afresh in accordance with law by passing a reasoned order. Since the matters have been pending for quite some time, We request the High Court to dispose of both the writ petitions as expeditiously as possible, in any event, within a period of one year from the date of communication of this order. These appeals are disposed of with the aforementioned observations.

.....................J

(DALVEER BHANDARI)

.....................J

(DEEPAK VERMA)

New Delhi;

February 22, 2011.