Union of India and Others vs T.P. Sobhana and Others

Anil R. Dave, J. - We have heard the learned counsel for the parties.

When these matters were taken up for hearing for the first time, notice was issued in view of the fact that Civil Appeal No. 2532 of 2010, having similar facts had already been admitted.

It has been submitted by the learned counsel appearing for the appellants that Civil Appeal No. 2532 of 2010 and some other connected appeals have now been decided and the judgment has also been reported in (2015) 8 SCC 512 titled as Union of India and others v. V.K. Krishnan and Others.

It has been submitted by the learned counsel appearing for the respondents that the facts of the case(s) referred to hereinabove are not exactly similar to the present appeals.

In view of the fact that Civil Appeal No. 2532 of 2010 has already been decided, we remit the matter to the High Court so that the High Court can examine the facts and take appropriate decision in accordance with law. It will be open to the parties to raise all contentions as may be permissible under law before the High Court.

The impugned judgment delivered by the High Court is set aside. The writ petition is restored to its original number.

The parties to the litigation shall appear before the High Court on 4th July, 2016 so that the matter can be heard on merit.

These appeals are, accordingly, allowed with no order as to costs.