Director Himurja v. Oasis Power Project Private Limited
2017-01-10
MANSOOR AHMAD MIR, TARLOK SINGH CHAUHAN
body2017
DigiLaw.ai
JUDGMENT Mansoor Ahmad Mir, C.J. (Oral)—Challenge in this appeal is to judgment and order, dated 2nd June, 2015, made by the learned Single Judge in CWP No. 352 of 2014, titled as Oasis Power Project Private Limited v. State of H.P. and another , whereby the writ respondents were directed to consider the case of the writ petitioner afresh (for short "the impugned judgment"). 2. We have gone through the writ petition read with the impugned judgment and are of the view that the impugned judgment, on the face of it, is nonspeaking one and merits to be set aside for the following reasons: 3. It appears that writ petitioner-respondent No. 1 herein is in the lis right from the year 2001. The writ petitioner-respondent No. 1 had approached this Court by the medium of CWP No. 841 of 2001, which was disposed of vide order, dated 4th May, 2011, by providing that the writ petitioner-respondent No. 1 is at liberty to file representation before the Government. The writ petitioner : respondent No. 1 made a representation before the Chief Secretary to the Government of Himachal Pradesh and Chief Executive Officer, HIMURJA, which was rejected on 12th December, 2012 (Annexure P10 in the writ petition), constraining him to file CWP No. 352 of 2014 seeking quashment of Annexure P10 (supra). 4. It is apt to record herein that without quashing Annexure P10 (supra), the learned Single Judge has directed the writ respondents to consider the case of the writ petitioner-respondent No. 1 herein afresh without thrashing and marshalling out the facts and merits of the case. 5. In the given circumstances, the impugned judgment is nonspeaking, illegal, arbitrary and is, accordingly, set aside. The writ petition is ordered to be restored to its original number. List the same before the leaned Single Judge, having the Roster, on 27th February, 2017. The learned Single Judge is requested to hear the writ petition afresh and decide the same on merits. 6. Parties are directed to cause appearance before the learned Single Judge on 27th February, 2017. 7. The appeal is disposed of accordingly along with all pending applications.