Sumer Singh Jat And Ors. Etc.Etc. vs State Of Rajasthan And Anr. Etc. Etc.

CIVIL APPEAL Nos.11047­11061 OF 2018 (Arising out of SLP(C) Nos.30287­30301 of 2018) (D.No. 12356/2018)

Sumer Singh Jat & Ors. Etc.Etc. …..Appellant(s)

VERSUS

State of Rajasthan & Ors. Etc.Etc. …..Respondent(s)

J U D G M E N T

Abhay Manohar Sapre, J.

1. Leave granted.

2. These appeals are directed against the final

judgments and orders passed by the High Court of Signature Not Verified Digitally signed by ANITA MALHOTRA Date: 2018.11.16 16:13:01 IST Reason: 1 Judicature for Rajasthan Bench at Jaipur in D.B.

Special Appeal Writ Nos. 794/2017 dated

20.09.2017, 908/2017 dated 06.10.2017,

792/2017, 801/2017 & 815/2017 dated

25.10.2017, 826/2017 dated 27.10.2017,

816/2017 dated 01.11.2017, judgments and orders

passed by the High Court of Judicature for

Rajasthan Bench at Jodhpur in D.B. Special Appeal

Writ Nos. 969/2017 dated 29.11.2017, 948/2017

dated 29.11.2017, 947/2017 dated 29.11.2017,

1069/2017 dated 06.12.2017, judgment and order

passed by the High Court of Judicature for

Rajasthan, Bench at Jaipur in D.B. Special Appeal

Writ No. 1999/2017 dated 03.01.2018, judgments

and orders passed by the High Court of Judicature

for Rajasthan Bench at Jodhpur in D.B. Special

2 Appeal Writ Nos. 202/2018 dated 22.01.2018,

196/2018 dated 22.01.2018 and 207/2018 dated

22.01.2018 whereby the High Court dismissed the

appeals filed by the appellants herein.

3. Few facts need to be mentioned infra for

disposal of these appeals.

4. Appellant No. 1 and several others filed intra

court appeals before the Division Bench of the High

Court for Rajasthan Bench at Jaipur and Jodhpur

against the order dated 09.02.2017 & other similar

orders passed by Single Judge in the writ petitions.

5. By impugned judgments/orders, the Division

Bench affirmed the orders of the Single Judge and

dismissed the appeals filed by the appellants herein,

which have given rise to filing of the present appeals

by way of special leave in this Court.

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6. The short question, which arises for

consideration in these appeals, is whether the

impugned orders are sustainable in law.

7. Heard Ms. Aishwarya Bhati, learned counsel

for the appellants and Mr. Shiv Mangal Sharma,

learned AAG for the respondents.

8. 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 remand the

case to the Division Bench of the High Court for

deciding the appeals afresh on merits.

9. The need to remand the case has been

occasioned as the Division Bench has not assigned

any reason for dismissal of the appeals.

10. In our opinion, in the absence of any

discussion on the issues which have arisen in these

4 cases and in the absence of any finding on the

submissions urged by the parties, it is not possible

to affirm the order. Indeed, none of the submissions

urged by the appellants are mentioned much less

dealt with either way on the merits of the case.

11. In view of the abovementioned reason, the

appeals succeed and are accordingly allowed. The

impugned judgments/orders are set aside. The

appeals out of which these appeals arise are

restored to their respective numbers before the High

Court for their fresh disposal on merits in

accordance with law.

12. Having formed an opinion to remand the case,

we have not gone into the merits of the controversy.

The High Court will, therefore, decide the appeals

5 afresh on merits without being influenced by any of

our observations.

13. We request the High Court to dispose of the

appeals as expeditiously as possible preferably

within 6 months.

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

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

New Delhi, November 16, 2018.

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