Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Supreme Court - Directions - Respondent no.2 filed writ . petition seeking cancellation of census record collected |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Supreme Court - Directions - Respondent no.2 filed writ . petition seeking cancellation of census record collected by the Municipal council of a Industrial village and sought directions for other respondents not to accept the same - Single judge of High Court directed Municipal council to cancel records collected by them - Appellants no.1-4, who were not party to the writ petition, filed appeal before Division Bench, which was dismissed ~ On appeal, held: Case remanded back to the writ Court (Single Judge) D due to various reasons - Firstly, writ court decided the writ petition without taking into consideration the stands of the appellants, as they were not parties to the original writ petition - Secondly, Appellate Court instead of deciding the issues, should have remanded the case. to writ Court for deciding the writ petition 'afresh after granting opportunity to appellants to file their counter affidavits - Thirdly having regard to the nature of controversy and various issues raised by all parties concerned and subsequent events, ii would be in the interest of all parties concerned that writ court (Single Judge) should decide the writ petition afresh - Census Act - Constitution of India - Art.226. |
Judge | Hon'ble Mr. Justice Abhay Manohar Sapre |
Neutral Citation | 2017 INSC 378 |
Petitioner | Hill View Colony & Ors. |
Respondent | State Of Nagaland & Ors. |
SCR | [2017] 5 S.C.R. 508 |
Judgement Date | 2017-04-21 |
Case Number | 6022 |
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