Hon'ble Rohit Ranjan Agarwal,J.
Order on Exemption Application The application seeking exemption from filing certified copies of the order of the High Court is allowed.
The defect stands cured.
Order on Civil Misc. Delay Condonation Application No. 2 of 2020 This appeal has been preferred against the order dated 31.01.2019 passed by learned Single Judge with an application for condonation of delay of 611 days. The reason of delay as has been given in the affidavit filed in support of application for condonation of delay.
Having considered the facts stated in the application supported by affidavit, we find reasons to condone the delay. It is more so when this Court in a similar matter i.e. Special Appeal Defective No.266 of 2020 (Subhash Singh vs. District Inspector of Schools and 3 Ors.) not only condoned the delay but also allowed the appeal. In these circumstances, delay in filing appeal is condoned. The application for condonation of delay is allowed.
Order on Memo of Appeal This appeal is preferred to question correctness of the order dated 31.01.2019 passed by learned single Bench in Writ-A No. 35760 of 1998.
Under the order aforesaid, learned single Bench dismissed the petition for writ by arriving at the conclusion that "either the cause of action no more survives or that petitioner has lost interest in this matter or it has otherwise become infructuous and, probably for this reason, none is interested to have decided this matter on merits and that is why, counsel for petitioner is absent".
Learned single Bench dismissed the petition for writ in absence of the counsel for the appellants-petitioners as he failed to appear before the Court though the matter was called in second round.
In appeal, the submission of learned counsel for the appellants-petitioners is that learned single Bench could have dismissed the petition for writ in default or for the want of prosecution but if any merits were examined, then it was necessary to give reasons for not accepting the contentions raised on behalf of the appellants-petitioners in petition for writ.
Heard learned counsel appearing on behalf of the appellants and the learned Standing Counsel for the respondents.
From perusal of the order impugned, it is apparent that learned single Bench arrived at the conclusion that no case is made out for interference without assigning any reasons. It is well settled that while disposing of a petition for writ after its adjudication on merits, the writ Court is required to give reasons in support of its findings. No such reasons in the instant matter are given. The order impugned as such is apparently bad.
Accordingly, the appeal is allowed. The order dated 31.01.2019 is set aside. The petition for writ is remanded to the learned single Bench for its adjudication afresh.
Order Date :- 12.1.2021 Shekhar