Court No. - 21
Case :- SPECIAL APPEAL DEFECTIVE No. - 368 of 2018 Appellant :- Sudheer Messey Respondent :- State Of U.P. And Anr Counsel for Appellant :- Surnedra Prasad Shukla,Rajiv Kumar Mishra Counsel for Respondent :- C.S.C.
Hon'ble Govind Mathur,J. Hon'ble Chandra Dhari Singh,J.
Delay in filing the appeal is condoned in the light of the order dated 25.07.2018.
This appeal is preferred to question correctness of the orders dated 28.03.2014 and 04.08.2014 passed by learned single Bench in Writ A- No.14303 of 2004.
Under the order aforesaid, learned single Bench dismissed the petition for writ by arriving at the conclusion that "petitioner is not able to make out a case so as to justify interference of this Court by granting reliefs, as prayed for".
Learned single Bench dismissed the petition for writ in absence of the counsel for the appellant-petitioner 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 appellant-petitioner 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 appellant-petitioner in petition for writ.
Heard learned counsel appearing on behalf of the appellant and 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 28.03.2014 is set aside. The petition for writ is remanded to the learned single Bench for its adjudication afresh.
Order Date :- 31.7.2018 Asha (Chandra Dhari Singh,J.) (Govind Mathur,J.)