Charanjit Singh Vs.
State of J&K Th: Commnr & Ors. [2008] INSC 1515 (8 September 2008)
Judgment
IN THE SUPREME COURT
OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 5549 OF 2008 (Arising
out of SLP (C) No. 1295 of 2008) Charanjit Singh ....Appellant Versus State of
J&K Through Commissioner/ Secretary to J& K Food & Supplies
Department, Srinagar & Ors. ...Respondents
ORDER
1.
Delay
condoned.
2.
Leave
granted.
3.
This
appeal is directed against the impugned order dated 26th of May, 2005 passed in
LPA (SW) No.
1.
52/2005
and order dated 10th of August, 2007 in APLPA (OW) No. 50/2005 passed by the
High Court of Jammu & Kashmir at Jammu by which the order of the learned
Single Judge was set aside and the Writ Petition was dismissed.
4.
In
our view, this appeal can be decided on a short point. Admittedly, the learned
Single Judge allowed the Writ Petition and passed an order in favour of the
appellant before us. In appeal, the Division Bench of the High Court reversed
the order without giving any notice to the appellant or without giving any
opportunity to the appellant to be heard. In that view of the matter, we set
aside the impugned order and remit the matter back to the Division Bench of the
High Court to decide the same afresh in accordance with law at an early date
preferably within three months from the date of communication of this order.
5.
The
appeal is allowed to the extent indicated above.
There shall be no
order as to costs.
............................J.
[Tarun Chatterjee]
;
...........................J.
New
Delhi
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