Chinto vs. State Of Punjab

ITEM No.48 Court No.6 SECTION IVB A/N MATTER 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 (Civil) No.5762/2003 (From the judgement and order dated 01/10/2002 in LPA 2475/01 of The HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH) CHINTO & ORS. Petitioner (s) VERSUS STATE OF PUNJAB & ORS. Respondent (s) ( With Office Report ) Date : 15/09/2003 This Petition was called on for hearing today. CORAM : HON'BLE MR. JUSTICE DORAISWAMY RAJU HON'BLE MR. JUSTICE ARIJIT PASAYAT For Petitioner (s) Mr.Rajesh K.Sharma,Adv. Ms.Shalu Sharma,Adv. For Respondent (s) Mr.Ashok K.Srivastava,Adv. Ms.Sushma Suri,Adv. UPON hearing counsel the Court made the following O R D E R Leave granted. The appeal is allowed. There shall be no order as to costs in terms of the signed order. (Vijay Aggarwal) (N.K.Gandhi) COURT MASTER AR-cum-PS [Signed order is placed on the file] IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO.7432 OF 2003

SLP(C)No. 5762 OF 2003

[Arising out of SLP(C)No.5762/03]

CHINTO & ORS.... APPELLANT (S)

VERSUS

STATE OF PUNJAB & ORS.... RESPONDENT (S)

O R D E R

Leave granted.

The above appeal has been filed against the judgment and order dated October 1, 2002 in L.P.A. No.2475/2001 on the file of the High Court of Punjab & Haryana at Chandigarh which came to be disposed of, though, the appeals filed by the Union of India against the very judgment which w ere challenged by the petitioners in the L.P.A. filed before the High Court came to be separat ely entertained and retained for further consideration. Similar such cases have come to this C ourt in Civil Appeal Nos.3066-3069 of 2003 etc., and by an order dated April 4, 2003, this Cou rt set aside those orders and remanded the matters to the High Court to be taken up for consid eration along with the other pending appeals.

When the Special Leave Petition came up for orders on April 14, 2003, while issuing notice, th is Court also indicated to the respondents as to why following the earlier decision noticed ab ove, this petition also should not be allowed and matter remitted for consideration afresh by the High Court along with the other pending appeals. Pursuant to the notice issued, the resp ondents entered appearance and filed their counter affidavit.

Heard the learned counsel appearing on either side. Though the counter filed opposes the p roposed course of action to be

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adopted, we overrule the same as of no merit, since the reasons assigned by this Court in the order passed in Civil Appeal Nos.3066-3069 of 2003 equally subsist and enure for the benefit o f the appellant as well. The appeal is consequently allowed applying the principles laid down therein. The order of the High Court is set aside and the matter is remitted to the High Cou rt with a direction that the proceedings shall be restored to its original file and the matter be considered afresh on its own merits after hearing the respective contentions of the partie s as directed in the earlier decision of this Court, noticed supra. There shall be no order a s to costs.

........................J.[DORAISWAMY RAJU]

........................J. [ARIJIT PASAYAT]

NEW DELHI, SEPTEMBER 15, 2003.