STATE OF HP Vs. AJAY SINGH THAKUR

JUDGEMENT

(1.) HEARD counsel for the parties. As short question is involved, the appeal is taken up for final disposal forthwith, by consent.

(2.) THE principal grievance of the appellants revolves around the observations in paragraph 6 of the impugned decision, which reads thus:

(3.) WE are in agreement with the submission made by the respondent that this is a new plea taken for the first time in the above paras and was not a matter of record in the reply filed to oppose the writ petition. Nevertheless, in the interest of justice, we deem it appropriate to set aside the decision of the learned Single Judge and remit the matter for re - consideration, as we are of the considered opinion that if the appellants are right in asserting, as has been stated in grounds B and E reproduced earlier, that will go to the root of the matter. Accordingly, the impugned decision is set aside without expressing any opinion either on the merits of the rival contentions, which will have to be decided by the learned Single Judge afresh in accordance with law.