Thursday, February 3, 2011

KISHORE RUNGTA v. STATE OF RAJASTHAN & ORS. [2011] INSC 65 (20 January 2011)



O R D E R This appeal arises from the judgment of the Rajasthan High Court dated 20.12.2004 passed in Writ Petition No.6090 of 2004.

This appeal raises important questions of law.

We have carefully examined the impugned judgment of the Division Bench of the Rajasthan High Court. The Division Bench of the High Court has noticed the contentions raised by the parties and the judgments cited at the Bar. The Court, after noticing those questions of law and judgments, have not given its findings. We do not have the benefit of the findings of the High Court.

In this view of the matter, we are constrained to set aside the impugned judgment passed by the Division Bench of the High Court and remand the matter to the High Court for giving specific findings on the issues raised or may be canvassed by the learned counsel for the parties before the High Court.

During the pendency of this appeal, number of Interlocutory Applications have been filed. For ensuring the expeditious disposal of the matter, we deem it appropriate to dispose of all those applications as not pressed, except applications for impleadment of Kamal Morarka and Tonk District : 2 :

Cricket Association with liberty to the parties to file any application for any interim relief, if it is so advised.

This appeal has been pending for over five years. Apart from that, the issues raised in this appeal have far reaching implications. Therefore, we request the Hon'ble Chief Justice of the High Court to ensure that this appeal is disposed of at an early date, in any event, within six months from the date of communication of this order. Applications for impleadment of Kamal Morarka and Tonk District Cricket Association are allowed and these applicants are impleaded as respondent nos.6 and 7 respectively. We request the High Court to hear the appellant-Kishore Rungta and respondent nos.1 to 7 herein and pass appropriate orders, in accordance with law.

All questions of law raised are kept open.

The Civil Appeal is disposed of accordingly, leaving the parties to bear their respective costs.


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


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