Raghubir Singh vs The State Of Rajasthan

CIVIL APPEAL NO.10781 OF 2018 (Arising out of SLP(C ) No. 26294 of 2018)

RAGHUBIR SINGH …..Appellant(s)

VERSUS

STATE OF RAJASTHAN & ORS. …..Respondent(s)

J U D G M E N T

Abhay Manohar Sapre, J.

1. Leave granted.

2. This appeal is directed against the final

judgment and order dated 04.12.2017 of the High

Court of Judicature for Rajasthan at Jaipur in D.B. Signature Not Verified Digitally signed by ANITA MALHOTRA Date: 2018.10.26 Special Appeal Writ No. 1598 of 2017 whereby the 17:15:41 IST Reason:

High Court disposed of the same filed by the

1 appellant upholding the final order and judgment

dated 04.09.2017 passed by the learned Single

Judge.

3. Few facts need to be mentioned infra for the

disposal of this appeal, which involves a short point.

4. The dispute, which is subject matter of this

appeal, relates to acquisition of land under the

provisions of the Land Acquisition Act (for short

called The Act).

5. The challenge was made by the appellant (writ

petitioner) by filing the writ petition in the High

Court to the issuance of Section 4 notifications and

subsequent notifications issued under the Act on

several factual and legal grounds.

6. The learned Single Judge dismissed the writ

petition, which gave rise to filing of the intra court

appeal by the writ petitioner before the Division

Bench. By impugned order, the Division Bench

2 dismissed the appeal and upheld the order passed

by the learned Single judge, which has given rise to

filing of special leave to appeal in this Court.

7. Having heard the learned counsel for the parties

and on perusal of the record of the case, we are

constrained to allow the appeal and while setting

aside the impugned order remand the intra court

appeal to the Division Bench of the High Court for its

disposal afresh on merits in accordance with law.

8. In our considered view, the need to remand the

appeal to the Division Bench for its decision afresh

on merits has occasioned inter alia for the reason

that it did not deal with any of the issues arising in

the case and nor it seemed to have dealt with any of

the submissions urged by the parties and, especially,

the submissions urged by the appellant.

9. In our considered opinion, the intra court

appeal did involve factual and legal issues, which

3 were decided by the Single Judge, therefore, once

they were carried in intra court appeal by an

aggrieved party and pressed in service while assailing

the order of the Single Judge, it was incumbent upon

the Division Bench to deal with all the issues urged

and record its findings one way or the other on every

issue urged keeping in view the legal provisions

applicable to the issues.

10. It was, however, not done by the Division Bench

and in a cursory manner, the Division Bench

disposed of the appeal, resulting in its dismissal.

11. We find ourselves unable to concur with such

disposal and feel inclined to set aside the impugned

order and remand the case to the Division Bench of

the High Court with a request to decide the appeal

afresh on merits in accordance with law.

12. Having formed an opinion to remand the case in

the light of our reasoning mentioned above, we do not

4 consider it proper to go into the merits of the case

and, therefore, leave all the issues to be dealt with by

the Division Bench for its decision on merits.

13. In view of the foregoing discussion, the appeal

succeeds and is accordingly allowed. Impugned order

is set aside. The case (intra court appeal) is

remanded to the Division Bench of the High Court for

its decision on merits uninfluenced by any of our

observations in this order. We request the High Court

to dispose of the appeal as expeditiously as possible

preferably within 6 months.

14. Pending application(s), if any, stand disposed of.

……...................................J. [ABHAY MANOHAR SAPRE]

…....................................J. [INDU MALHOTRA]

New Delhi, October 26, 2018.

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