SANTANA F DIAS Vs. UNION OF INDIA

JUDGEMENT

(1.) This appeal by special leave puts in issue an order of the Division Bench of the High Court of Bombay in Writ Petition No. 553/99 decided on 17th March, 1999.

(2.) The Division Bench dismissed the Writ petition ignoring the factual position that the Writ Petitioners (Appellants herein) were not parties in Writ Petition No. 2932/ 1991 from which Special Leave Petition (C) No. 16264/93 arose. The impugned order, therefore, proceeds on a wrong factual assumption. The Writ Petition was required to be decided on its own merits. Consequently, we are unable to sustain the order of the High Court and the same is set aside. The Writ Petition is remanded to the High Court for its fresh disposal on merits uninfluenced by the interim orders made by this Court in SLP (C) No. 16264/93. We request the High Court to dispose of the Writ Petition expeditiously.

(3.) The appeal succeeds and is accordingly allowed. No costs.