07 March 2011
Supreme Court
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TIKAULA SUGAR MILLS LTD. Vs STATE OF U.P..

Bench: DALVEER BHANDARI,DEEPAK VERMA, , ,
Case number: C.A. No.-002347-002347 / 2011
Diary number: 5090 / 2011
Advocates: K. K. MOHAN Vs MANISH K. BISHNOI


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IN THE SUPREME COURT OF INDIA

CIVIL APPELLATE JURISDICTION

CIVIL APPEAL NO.2347 OF 2011 ( ARISING OUT OF SPECIAL LEAVE PETITION(C)NO.5024 OF 2011)

TIKAULA SUGAR MILLS LTD.                          APPELLANT  

                VERSUS

STATE OF U.P.& ORS.                               RESPONDENTS

O R D E R

Leave granted. We have heard learned counsel for the parties.

The impugned judgment emanates from the final judgment and  

order dated 24th January, 2011 passed by the learned Single Judge of  

High  Court  of  Judicature  at  Allahabad,  Lucknow  Bench,  Lucknow,  

whereby  the  order  dated  06.01.2011  of  the  Special  Secretary,  

Government  of  Uttar  Pradesh  was  set  aside  and  the  matter  was  

remitted to the Chief Secretary, Government of Uttar Pradesh.  The  

learned Single Judge has not given any reasons for setting aside the  

order and remitting the matter.   

In our considered view, the learned Single Judge should  

not have set aside the order and remitted it without assigning any  

reasons.  In this view of the matter, we are constrained to set  

aside the impugned judgment dated 24.01.2011 and remit the matter to  

the learned Single Judge of the High Court. We request the learned  

Single Judge to hear the parties and give detailed reasons in the  

judgment.  

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Since there  is  urgency in this matter, therefore, we  

request the High Court to decide the matter as expeditiously as  

possible,  in  any  event,  within  one  month  from  the  date  of  

communication of this order.

The  parties  are  directed  to  appear  before  the  learned  

Single Judge on 14.03.2011.  It is needless to mention that this  

order is confined to the appellant herein only.

The appeal is disposed of accordingly, leaving the parties  

to bear their own costs.  

...................J. (DALVEER BHANDARI)

...................J. (DEEPAK VERMA)

NEW DELHI; 7TH MARCH, 2011