Singh Vs. State of Bihar  INSC 1542 (7 September 2009)
APPELLATE JURISDICTION CIVIL APPEAL NO.6114 OF 2009 (Arising out of S.L.P. (C)
No.31147 of 2008) Prem Nath Singh & Anr. ...Appellant(s) Versus State of
Bihar & Ors. ...Respondent(s) O R D E R Leave granted.
learned counsel for the parties.
impugned order, the High Court dismissed the writ petition on the ground that
the same was barred by principles of constructive res judicata.
heard the learned counsel appearing on behalf of the parties and perused the
records, we are of the view that the High Court was not justified in holding
that the writ petition was barred by the principles of constructive res
judicata. This being the position, we have no other option but to remand the
matter to the High Court.
the appeal is allowed, impugned order rendered by the High Court is set aside
and the matter is remanded to the High Court. Now, the High Court shall decide
the writ petition on merits after giving opportunity of hearing to the parties
in accordance with law.
......................J. [B.N. AGRAWAL]
......................J. [G.S. SINGHVI]
September 07, 2009.