Allowed

Rameshwar Prasad and Ors. v. Board of Revenue, Ajmer and or

Rajasthan HC21 Jan 2015SAW/1174/2009

Case brief

AI extract

What is this about?

Division Bench quashed the Single Judge's non-speaking order dismissing a Writ Petition. The Bench held the Single Judge failed to consider legal questions and facts. Appeal allowed; matter remitted to Single Judge.

What did the court decide?

Order of Single Judge dated 26/07/2006 quashed and set aside; matter remitted to Single Judge to examine questions on merits.

Rameshwar Prasad and Ors. Vs Board of… — Civil Procedure and Limitation | Rajasthan HC (2015)

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I N THE HI GH COURT OF JUDI CATURE FOR RAJASTHAN BENCH AT JAI PUR

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DB Civil Special Appeal (Writ) No.1174/ 2009 Rameshw ar Prasad & ors Vs.

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Board of Revenue, Ajmer & ors. Date of Order :: 21/ 01/ 2015

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PRESENT HON'BLE MR. JUSTI CE AJAY RASTOGI HON'BLE MR. JUSTI CE J.K. RANKA

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Mr. KK Mehrishi, Sr. Adv. assisted by Mr. Timan Singh, counsel for the appellants.

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Mr. Mahesh Gupta ]

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Mr. Nitin Jain ], counsel for the respondents.

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Instant intra-court appeal has been preferred against non-speaking order passed by the ld. Single Judge dt.26/07/2006

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Ld. counsel for the appellants submits that order of

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the Board of Revenue was under challenge and he raised legal questions which require determination by this Court but the ld. Single Judge failed to consider even the question raised for consideration and at the same time has not bothered to even look into the facts for appreciating the controversy raised in the writ petition and in a cursory manner dismissed the writ petition vide order impugned dt.26/07/2006 and at least as per the settled principles laid down by the Hon'ble Supreme Court and also by this Court,

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the order impugned passed by the ld. Single Judge is not sustainable in law.

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Ld. counsel for the respondents jointly submit that

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it is true that the order impugned does not indicate the reasons forthcoming raised in the writ petition but according to them, there is no substance on merits in the writ petition.

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The rival claim of the parties is not advisable for this Court to examine, particularly, when the ld. Single Judge failed to consider the grievance on merits in assailing the order of the Board of Revenue which was impugned in the proceedings and we do find justification in the submission made by appellants' counsel regarding order of the ld. Single Judge being a non speaking order is not sustainable in law. Even the bare facts have not been looked into to examine as to whether there is any prima-facie merit in the submission made and what was submitted by the appellants' counsel has also not been noticed and we are fully satisfied that the order of the ld. Single Judge deserves to be set aside.

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But before parting with the matter, we called upon the appellants' counsel to take an option as to whether they want to get the matter remitted back to the ld. Single Judge or being an old matter, they want to get the question, raised in the present proceedings, decided by the Division Bench of this Court.

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Counsel for the appellants submits that since there

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are legal questions raised by him, let the matter be first examined by the ld. Single Judge of this Court.

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Consequently, the appeal succeeds & allowed. The order of the ld. Single Judge dt.26/07/2006 is hereby quashed & set aside and the matter is remitted back to the ld. Single Judge to consider and examine the question raised on merits. Since it is a old matter, let the Registry may list the matter before the regular Bench holding subject roster showing name of Mr. Nitin Jain and Mahesh Gupta as counsel

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for the respondents in the cause list.

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(J.K. Ranka), J. (Ajay Rastogi), J.
Raghu

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Cer t i f i cat e: Al l cor r ect i ons made i n t he j udgment / or der have been i ncor por at ed i n t he j udgment / or der bei ng e- mai l ed. Raghu, Sr . PA.

Rameshwar Prasad and Ors. v. Board of Revenue, Ajmer and or

Case brief

What is this about?

What did the court decide?

Rameshwar Prasad and Ors. v. Board of Revenue, Ajmer and or

Case brief

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What did the court decide?

What the court decided

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