2017 (4) TMI 1648

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....led against the final judgment and order dated 09.03.2006 passed by the High Court of Judicature for Rajasthan at Jodhpur in D.B. Civil Special Appeal No. 92 of 2006 whereby the High Court dismissed the special appeal filed by the appellant herein and affirmed the judgment/order dated 02.08.2005 of the Single Judge in S.B.C.W.P. No.1403 of 2004. 2) Facts of the case need not be mentioned in detai....

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.... ground to interfere. The writ petition is, therefore, dismissed summarily." 4) The appellant, felt aggrieved, filed writ appeal before the Division Bench. By impugned order, the Division Bench dismissed the appeal in limine. The impugned order reads as under: "Having heard learned counsel for the appellant we are of the opinion that no interference is called for in this appeal in the judgment....

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.... on perusal of the record of the case, we are constrained to allow the appeal in part and while setting aside the impugned order also of the writ Court, restore the appellant's writ petition to its file for its decision on merits in accordance with law. 8) In our considered opinion, the need to remand the case to the writ Court has occasioned due to the reason that both, i.e., the writ Court ....

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....ion, as the case may be. 10) This enables the superior Court to examine the legality of the decision in its proper perspective in its appellate jurisdiction. 11) Having regard to the nature of controversy involved in the case in hand, in our view, the writ Court should have issued notice of the writ petition to the respondents and then decided the writ petition on merits by reasoned order rather....