UNION OF INDIA Vs. B M RAVAL

JUDGEMENT

(1.) This appeal has been filed by special leave against the decision of the division Bench of the High Court of gujarat at Ahmedabad dated 20. 12.2000 in special Civil Application No. 706 of 2000 whereunder the Division Bench of the high Court has chosen to dismiss the writ petition summarily stating that the decision of the Tribunal does not require any interference inasmuch as the Tribunal has disposed of the application on well- settled principles.

(2.) When the matter came up for admission on 22-11-2002 at the SLP stage, while issuing notice it has also been; indicated to the respondents to show cause as to why the order of the High Court should not be set aside and the matter remitted to the High Court for disposal afresh on merits. The respondents have entered appearance and have filed counter affidavit also.

(3.) Heard the learned Counsel appearing on either side, It was reiterated for the appellant that as proposed the coder under challenge requires to be set aside for total nonapplication 'of mind, and remitted for consideration fresh on merits, objectively.