HIGH COURT OF JAMMU AND KASHMIR
Click here to view full judgement.
DR.ANAND C.J. -
(1.) THE validity of an order dated 24 -1 -1984 passed by the Ministry of Home Affairs, Union of India, rejecting the prayer of the petitioners
for grant of permanent settlement in India and for the deportation, has
been called in question in this writ petition. Notice was issued to the
respondents and objections have been filed on behalf of Union of India.
Besides, contesting the claim of the petitioners on merits, certain
preliminary objections have been raised on behalf of the Union of India,
but the only preliminary objection, which was pressed at the stage of
arguments, which require notice by us.
(2.) THE preliminary objection raised by Mr. R. P. Sethi, learned standing counsel for the Union of India, is that the present writ
petition is, barred by the general principles of resjudicata, because an
earlier writ petition, being writ petition No. 249 of 1984, was dismissed
as withdrawn after objections had been filed by the Union of India on
18 -12 -1985, after learned counsel for the petitioners in that writ petition had unsuccessfully made an attempt to meet the objections raised
by the Union of India.
(3.) MR . M. S. Malik, learned counsel for the petitioners, has tried to meet the preliminary objection raised by Mr. R. P, Sethi by urging
that since the earlier writ petition No. 249 of 1984 was dismissed as
withdrawn, it cannot be deemed to have been disposed of on merits and
since, there was no contest on merits, the general principles of
res -judicata do not come into play. He further urged that in the present
writ petition certain more assertions which were contained in the
previous petition have been raised and, therefore, on that account also,
the general principles of resjudicata will not come in his way.
We have given our thoughtful considerations to the respective contentions raised at the bar and, for what shall follow, in our opinion,
the preliminary objection raised by Mr. Sethi must succeed.;
Copyright © Regent Computronics Pvt.Ltd.