Supreme Court - Daily Orders
Pradeep Singh vs The State Of Uttar Pradesh Food And Civil ... on 4 August, 2017
Bench: Rohinton Fali Nariman, Sanjay Kishan Kaul
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IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO.10216 OF 2017
(Arising out of S.L.P.(Civil) No.18315 of 2017)
PRADEEP SINGH .. Appellant(s)
Versus
STATE OF UTTAR PRADESH & ORS. .. Respondent(s)
O R D E R
Leave granted.
In the present case, the writ petition has been dismissed only on the ground that the dispute is contractual in nature. On going through the pleadings through the parties, particularly the writ petition, we find that there is a specific pleading stating that the non-payment of the amount payable to the writ petitioner is arbitrary and violative of Article 14 of the Constitution of India for the reasons given therein.
This being the case, we are of view that the Signature Not Verified High Court was in error in dismissing the writ petition Digitally signed by USHA RANI BHARDWAJ Date: 2017.08.08 on this preliminary ground alone. 15:36:18 IST Reason:
In the circumstances, we set aside the order 2 of the High Court and remit the matter to the High Court to dispose of the writ petition on merits expeditiously.
The appeal is disposed of accordingly.
....................J. [ROHINTON FALI NARIMAN] .. ...................J. [SANJAY KISHAN KAUL] NEW DELHI, AUGUST 04, 2017.
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ITEM NO.45 COURT NO.12 SECTION XI
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Petition(s) for Special Leave to Appeal (C) No(s). 18315/2017
(Arising out of impugned final judgment and order dated 19-12-2016 in WC No. 59606/2016 19-12-2016 in WC No. 59606/2016 passed by the High Court Of Judicature At Allahabad) PRADEEP SINGH Petitioner(s) VERSUS STATE OF UTTAR PRADESH & ORS. Respondent(s) (FOR ADMISSION and I.R. and IA No.51844/2017-CONDONATION OF DELAY IN FILING and IA No.51846/2017-EXEMPTION FROM FILING O.T.) Date : 04-08-2017 This petition was called on for hearing today. CORAM :
HON'BLE MR. JUSTICE ROHINTON FALI NARIMAN HON'BLE MR. JUSTICE SANJAY KISHAN KAUL For Petitioner(s) Ms. Niranjana Singh, AOR For Respondent(s) Mr. Vinay Garg, Adv.
Mr. Upendra Mishra, Adv.
Mr. Amit Kumar singh, Adv.
UPON hearing the counsel the Court made the following O R D E R Leave granted.
The appeal is disposed of in terms of the signed order.
(USHA RANI BHARDWAJ) (SAROJ KUMARI GAUR)
AR CUM PS BRANCH OFFICER
Signed order is placed on the file.