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Dharmander Singh & Ors. Vs. State of Haryana & ANR. [2009] INSC 1342 (31 July 2009)

Judgment

CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO.5221 OF 2009 (Arising out of SLP)No.2918 of 2007) Dharmander Singh & Ors. ----Appellants Versus State of Haryana & Anr. ----Respondents

ORDER

1.     Leave granted.

2.     In spite of due service upon the respondents, no one has appeared even today at the time of hearing of this appeal.

3.     Having heard the learned counsel for the appellants and after going through the impugned order, we are of the view that the impugned order was passed by the Division Bench of the High Court of Punjab & Haryana at Chandigarh without applying its mind and without passing a reasoned order.

4.     That being the position, we set aside the impugned order and the matter is remitted back to the High Court for fresh decision in accordance with law. It is expected that the High Court, while deciding this matter after remand, shall give proper reasons and after giving hearing to the parties, pass a reasoned order in accordance with law. The High Court is requested to dispose of the matter within three months from the date of supply of a copy of this order to it.

5.     The appeal is allowed to the extent indicated above. There will be no order as to costs.

..........................J. [Tarun Chatterjee]

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

New Delhi;

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