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2000 DIGILAW 38 (SC)

State Of Assam v. Md. Abdul Kadir

2000-01-07

B.N.KIRPAL, S.RAJENDRA BABU

body2000
ORDER Special leave granted. 2. Against the Judge of the learned Single judgment the appellants herein filed an appeal before the Division Bench. By the impugned judgment, the Division Bench came to the conclusion that the appeal was not maintainable. The Court was of the opinion that it is the State of Assam which should have filed the appeal and furthermore the Central Government or the Union of India had not been impleaded as party in the writ appeal. 3. It is not disputed that the appellants before the Division Bench had been impleaded as respondent in the writ petition which had been filed in the High Court. This being so, it was open after the writ petition was decided in favour of the writ petitioners, to all or any of the respondents in the writ petition to file an appeal. We, therefore allow this appeal, set aside the impugned judgment of the High Court and direct the High Court to decide the writ Appeal No. 154 of 1996 on merits. (C.R.) Appeal allowed. ************** Parallel Citations of other Journals : State of Assam & Ors. v. Md. Abdul Kadir & Ors., 2000(6) Supreme 318 : 2000 (7) Supreme 606 : 2000 (3) JT 220 00019