Kishore Rungta Vs
State of Rajasthan & Ors.
O R D E R
This appeal arises
from the judgment of the Rajasthan High Court dated 20.12.2004 passed in Writ
Petition No.6090 of 2004. This appeal raises important questions of law. We
have carefully examined the impugned judgment of the Division Bench of the
Rajasthan High Court. The Division Bench of the High Court has noticed the
contentions raised by the parties and the judgments cited at the Bar. The
Court, after noticing those questions of law and judgments, have not given its
findings. We do not have the benefit of the findings of the High Court. In this
view of the matter, we are constrained to set aside the impugned judgment
passed by the Division Bench of the High Court and remand the matter to the
High Court for giving specific findings on the issues raised or may be
canvassed by the learned counsel for the parties before the High Court. During the
pendency of this appeal, number of Interlocutory Applications have been filed.
For ensuring the expeditious
disposal of the matter, we deem it appropriate to dispose of all those applications
as not pressed, except applications for impleadment of Kamal Morarka and Tonk
District Cricket Association with liberty to the parties to file any application
for any interim relief, if it is so advised. This appeal has been pending for
over five years. Apart from that, the issues raised in this appeal have far reaching
implications. Therefore, we request the Hon'ble Chief Justice of the High Court
to ensure that this appeal is disposed of at an early date, in any event,
within six months from the date of communication of this order. Applications
for impalement of Kamal Morarka and Tonk District Cricket Association are
allowed and these applicants are impleaded as respondent nos.6 and 7
respectively. We request the High Court to hear the appellant-Kishore Rungta
and respondent nos.1to 7 herein and pass appropriate orders, in accordance with
law. All questions of law raised are kept open.
The Civil Appeal is
disposed of accordingly, leaving the parties to bear their respective costs.
...................J.
(DALVEER BHANDARI)
...................J.
(DEEPAK VERMA)
NEW
DELHI;
20TH
JANUARY, 2011
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