Vinod vs Collector and Chairman, District Selection Committee, Chandrapur & Ors.

NON-REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION

CIVIL APPEAL NO. 3352/2018 (ARISING FROM SLP (C) NO. 7492/2018)

VINOD APPELLANT(S)

VERSUS

COLLECTOR AND CHAIRMAN, DISTRICT SELECTION COMMITTEE, CHANDRAPUR & ORS. RESPONDENT(S)

J U D G M E N T

KURIAN, J.

Leave granted.

2. In the nature of order we propose to pass, it is

not necessary to issue notice to the respondents

since the interest of the respondents is not

otherwise affected.

3. The appellant has been non-suited by the High

Court on the ground that the second writ petition

filed is not maintainable, having withdrawn earlier

writ petition without any leave.

4. The order dated 28.07.2016 passed in the earlier

Writ Petition No.2748/2016 reads as follows:-

“Shri V.A. Dhabe, the learned counsel for the petitioner seeks permission to Signature Not Verified withdraw the Writ Petition.

Digitally signed by MAHABIR SINGH Date: 2018.04.03 17:35:42 IST Permission is granted. The Writ Reason:

Petition stands disposed of as withdrawn.”

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5. It is fairly clear that the petition was

withdrawn only on account of the pendency of the

appeal. Apparently, that is why the High Court has,

in fact, not dismissed the petition; it has only

disposed it of.

6. In the second writ petition leading to the

impugned judgment, there is a specific prayer, which

reads as follows:-

“(iii) quash and set aside the communication dated 3.9.2016 at Annexure-10 issued by respondent No.5 being violative of principles of natural justice and bad in law;”

7. It appears that the prayer challenging the

subsequent order passed in appeal was not brought to

the notice of the High Court.

8. In that view of the matter, the writ petition

certainly is maintainable. Accordingly, we set aside

the impugned judgment with a request to the High

Court to consider Writ Petition No.484/2017 on

merits.

9. We make it clear that we have not considered the

merits of the matter.

10. The appellant is also directed to serve a copy of

this judgment along with a copy of this

petition/appeal to the respondents.

11. The appeal is, accordingly, disposed of.

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12. Pending applications, if any, shall stand disposed of.

13. There shall be no orders as to costs.

.........................J. [KURIAN JOSEPH]

.........................J. [MOHAN M. SHANTANAGOUDAR]

.........................J. [NAVIN SINHA] NEW DELHI;

MARCH 28, 2018.

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