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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