Supreme Court - Daily Orders
Ranjit Singh vs State Of Himachal Pradesh on 8 November, 2019
Bench: Navin Sinha, Krishna Murari
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IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO.8494 OF 2019
[ARISING OUT OF SLP(C) NO.3767/2016)
RANJIT SINGH & ORS. APPELLANT(S)
VERSUS
STATE OF HIMACHAL PRADESH & ORS. RESPONDENT(S)
O R D E R
Leave granted.
The short question before us is whether a formal notification under section 15 of the Himachal Pradesh Holdings (Consolidation & Prevention of Fragmentation) Act, 1971 is required for closure of the consolidation proceedings. It is the assertion of the appellants that no such notification had never been issued. Thus the conclusion of the learned Single Judge that the consolidation stood expired, even though challenged specifically has not been decided.
We have heard learned counsel appearing for the respondent/s also.
Though an effort was made to persuade us that the consolidation proceedings had been conducted properly, we are not impressed with the same in view of the specific Signature Not Verified Digitally signed by SANJAY KUMAR Date: 2019.11.13 contentions raised on behalf of the appellants. 16:30:45 IST Reason:
The High Court having failed to decide the short question of law which was arisen for its consideration, 2 we are not satisfied to uphold the order of the Division Bench of the High Court in its present form.
In view of the above, we allow this appeal, set aside the impugned order dated 25.08.2015 passed by the High Court and remand the matter to the High Court with a request to dispose of the appeal on its own merits inter alia on the ground that was urged before us.
Needless to state that we have not examined the matter on merits and it shall be open for the High Court to decide the matter in accordance with law.
In the meantime, the status quo as it exists today shall continue till such decision is taken by the High Court.
.....................J [NAVIN SINHA] .....................J [KRISHNA MURARI] NEW DELHI;
NOVEMBER 08, 2019.
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ITEM NO.42 COURT NO.15 SECTION XIV
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).3767/2016
(Arising out of impugned final judgment and order dated 25-08-2015 in LPA No. 74/2010 passed by the High Court Of Himachal Pradesh At Shimla) RANJIT SINGH & ORS. Petitioner(s) VERSUS STATE OF HIMACHAL PRADESH & ORS. Respondent(s) Date : 08-11-2019 This petition was called on for hearing today. CORAM :
HON'BLE MR. JUSTICE NAVIN SINHA HON'BLE MR. JUSTICE KRISHNA MURARI For Petitioner(s) Mr. Rishi Malhotra, AOR Mr. Manish K. Saryal, Adv.
Mr. Utkarsh Singh, Adv.
For Respondent(s) Mr. Aslam, Adv.
Mr. Abhinav Mukerji, AOR Ms. Radhika Gautam, AOR UPON hearing the counsel the Court made the following O R D E R Leave granted.
The appeal is allowed in terms of the signed order. Pending interlocutory applications, if any, stand disposed of. (SANJAY KUMAR-II) (DIPTI KHURANA) COURT MASTER (SH) COURT MASTER (NSH) (Signed Order is placed on the file)