In appeal against a single bench order dismissing a writ petition without reasons, the High Court held the order bad in law. The appeal was allowed and the matter was remanded for fresh adjudication.
Set aside the order dated 26th April, 2018 and remanded the writ petition to the learned Single Bench for adjudication afresh.
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Court No. - 21 Case :- SPECIAL APPEAL No. - 635 of 2018 Appellant :- Lakshman Singh Respondent :- District Inspector Of Schools And Anr Counsel for Appellant :- Daya Shanker Mani Tripahti,Ashutosh Mani Tripathi Counsel for Respondent :- C.S.C.
Hon'ble Govind Mathur,J. Hon'ble Chandra Dhari Singh,J.
This appeal is preferred to question correctness of the order dated 26th April, 2018 passed by learned Single Bench in Writ A-No.8073 of 1994.
Under the order aforesaid, learned Single Bench dismissed the petition for writ by arriving at the conclusion that "petitioner is not able to make out a case so as to justify interference of this Court by granting reliefs, as prayed for".
Learned Single Bench dismissed the petition for writ in absence of counsel for the appellant-petitioner as he failed to appear before the Court though the matter was called in second round.
In appeal, the submission of learned counsel for the appellantpetitioner is that learned Single Bench could have dismissed the petition for writ in default or for want of prosecution but if any merits were examined, then it was necessary to give reasons for not accepting the contentions raised on behalf of the appellantpetitioner in petition for writ.
Heard learned counsel appearing on behalf of the appellant and learned Standing Counsel for the respondents.
From perusal of the order impugned, it is apparent that learned Single Bench arrived at the conclusion that no case is made out for interference without assigning any reasons. It is well settled that while disposing of a petition for writ after its adjudication on merits, the writ Court is required to give reasons in support of its findings. No such reasons in the instant matter are given. The order impugned, as such, is apparently bad.
Accordingly, the appeal is allowed. The order dated 26th April, 2018 is set aside. The petition for writ is remanded to the learned Single Bench for its adjudication afresh. Order Date :- 16.7.2018 Shubham
(Chandra Dhari Singh, J.) (Govind Mathur, J.)
1 issue framed by the court
Whether the impugned single bench order dismissing the writ petition without assigning reasons is bad in law and requires remand.
Lakshman Singh
District Inspector Of Schools And Anr
Govind Mathur
Chandra Dhari Singh
As recorded by the court registry
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