Supreme Court - Daily Orders
Prem Singh Shekhawat vs The State Of Rajasthan on 5 November, 2019
Bench: Mohan M. Shantanagoudar, Deepak Gupta
ITEM NO.27 COURT NO.14 SECTION XV
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). 3894/2018
(Arising out of impugned final judgment and order dated 22-09-2017
in DBCWP No. 16551/2017 passed by the High Court Of Judicature For
Rajasthan At Jaipur)
PREM SINGH SHEKHAWAT Petitioner(s)
VERSUS
THE STATE OF RAJASTHAN & ORS. Respondent(s)
(IA No. 12356/2018 - EXEMPTION FROM FILING O.T. IA No. 12355/2018 -
PERMISSION TO FILE ADDITIONAL DOCUMENTS/FACTS/ANNEXURES)
Date : 05-11-2019 These matters were called on for hearing today.
CORAM : HON'BLE MR. JUSTICE MOHAN M. SHANTANAGOUDAR
HON'BLE MR. JUSTICE DEEPAK GUPTA
For Petitioner(s) Ms. Shobha Gupta, AOR
Ms. Joyshree Barman, Adv.
For Respondent(s) Ms. Padhmalakshmi Iyengar, Adv.
Mr. Vishal Mmeghwal, Adv.
Mr. Milind Kumar, AOR
Mr. Ritin Rai, Sr. Adv.
Mr. D.N. Mitra, Adv.
Ms. Sudeshna Bagchi, Adv.
Ms. Sonia Dube, Adv.
Ms. Kanchan Yadav, Adv.
Ms. Sayantika Mitra, Adv.
for M/S. Victor Moses & Associates, AOR
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. There Signature Not Verified shall be no order as to costs.
Digitally signed by GULSHAN KUMAR ARORA Date: 2019.11.08 16:40:22 IST Reason: (GULSHAN KUMAR ARORA) (R.S. NARAYANAN) COURT MASTER COURT MASTER
(Signed order is placed on the file) IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 8415 OF 2019 (Arising out of SLP (C) No.3894 of 2018) PREM SINGH SHEKHAWAT … Appellant(s) VERSUS THE STATE OF RAJASTHAN & ORS. … Respondent(s) O R D E R Leave granted.
We find that the order of the High Court is not a speaking order inasmuch as the High Court though acknowledges that the point projected in the writ petition is having substance yet ignored the same in view of the allotment made in favour of the Educational Institute. The High Court ought to have considered the question as to whether the allotment made in favour of the Educational Institute was valid or not in terms of Section 16(i) of the Rajasthan Tenancy Act, 1955. Virtually, the High Court has not gone into the merits at all. In view of the same, the matter needs to be re-examined by the High Court.
Accordingly, the impugned judgment is set aside. The matter is remitted for fresh disposal in accordance with law. The appeal is accordingly disposed of. All questions are kept open to be considered by the High Court. There shall be no order as to costs.
……………………………………………………………………,J. (Mohan M. Shantanagoudar) ……………………………………………………………………,J. (Deepak Gupta) New Delhi;
November 05, 2019.