LAWS(SC)-1987-8-58

SANTOKH SINGH Vs. STATE OF PUNJAB

Decided On August 31, 1987
SANTOKH SINGH Appellant
V/S
STATE OF PUNJAB Respondents

JUDGEMENT

(1.) Special leave granted. Arguments heard

(2.) We are satisfied that the High court was not justified in dismissing the writ petition in limine having regard to the fact that the appellant had earlier moved the High court under art. 226 of the Constitution being Writ petition No. 1073 of 1982 and it had directed that the appellant should make a representation and that the authorities should consider his representation within a reasonable time. That being so, the High court was not justified in dismissing the writ petition on the ground of laches. It does raise questions which deserved a hearing on merits.

(3.) We accordingly allow the appeal, set aside the judgment and order of the High court and remit the writ petition to it for re-hearing and disposal on merits as expeditiously as possible after notice to the parties. No costs.