Court No. - 29
Case :- SPECIAL APPEAL No. - 223 of 2019 Appellant :- Mahakar Singh Respondent :- State Of U.P. And 7 Others Counsel for Appellant :- Shailendra Counsel for Respondent :- C.S.C.
Hon'ble Pankaj Mithal,J. Hon'ble Saumitra Dayal Singh,J.
Heard learned counsel for the petitioner-appellant, learned Standing Counsel and Sri A.K. Yadav, learned counsel for the respondents No. 4 and 5.
The writ petition of the petitioner-appellant was dismissed by the writ court vide judgement and order dated 17.1.2019 holding that a reading of the averments made in the petition do not make out a case to justify interference by the writ court and for granting reliefs as prayed therein. It has also been observed that the cause of action may not be surviving and therefore, the petition probably has become infructuous.
Learned counsel for the petitioner-appellant submits that the writ petition had not become infructuous as it relates to the matter of payment of salary to the petitioner- appellant. Moreover, the petition was decided in the absence of the counsel for the petitioner-appellant by a non-speaking order.
A similar order dismissing the writ petition came up for consideration before another Division Bench presided over by the Hon'ble Chief Justice in Special Appeal Defective No.248 of 2018, Sudha Singh Vs. District Inspector of Schools and others.
The Division Bench on the perusal of the impugned order passed by the writ court held that it is apparent that the petition has been dismissed without assigning reasons which is against the well settled principle that while disposing a petition on merits, the Court ought to assign reasons in support of its finding. Since no reasons were assigned in dismissing the petition, the order was set aside and the matter was remanded to the writ court for decision afresh.
Same is the position in the present case also. The writ court has dismissed the petition without assigning any reasons by casually observing that a reading of the pleadings makes out no case for interference and for grant of any relief.
In view of above, the order dismissing the writ petition is a non-speaking order which cannot be sustained in law.
Accordingly, the order dated 17.1.2019 is set aside and the writ petition is restored to its original number for decision afresh on merits.
The Special Appeal is allowed.
Order Date :- 22.2.2019 SKS