IN THE SUPREME COURT OF INDIA

CIVIL APPELLATE JURISDICTION

CIVIL APPEAL NO.6114 OF 2009 (Arising out of S.L.P. (C) No.31147 of 2008)

Prem Nath Singh & Anr.               ...Appellant(s)

Versus

State of Bihar & Ors.               ...Respondent(s)

O  R  D  E  R

Leave granted. Heard learned counsel for the parties.

By the impugned order, the High Court dismissed the  

writ petition on the ground that the same was barred by  

principles of constructive res judicata.

Having  heard  the  learned  counsel  appearing  on  

behalf of the parties and perused the records, we are of  

the view that the High Court was not justified in holding  

that the writ petition was barred by the principles of  

constructive res judicata.  This being the position, we  

have no other option but to remand the matter to the High  

Court.

Accordingly, the appeal is allowed, impugned order  

rendered by the High Court is set aside and the matter is  

remanded to the High Court.  Now, the High Court shall  

decide  the  writ  petition  on  merits  after  giving  

opportunity of hearing to the parties in accordance with  

law.

......................J.            [B.N. AGRAWAL]

......................J.            [G.S. SINGHVI]

New Delhi, September 07, 2009.