Incumbent upon Division Bench to record findings on all issues carried in intra-court appeal: SC

Supreme Court: A Bench comprising of A.M. Sapre and Indu Malhotra, JJ. allowed an appeal filed against the judgment of a Division Bench of the Rajasthan High Court whereby the appellant’s special appeal filed against the order of the Single Judge was dismissed.

The present matter arose in relation to land acquisition proceedings under the Land Acquisition Act, 1894. The appellant had challenged the notifications issued under Section 4 and thereafter on several grounds. The writ petition filed by the appellant was dismissed by the Single Judge of the High Court. Thereafter, the appellant preferred an intra-court appeal to the Division Bench. By the judgment impugned, the Division Bench dismissed the appeal and upheld the order passed by the Single Judge, which gave rise to filing of special leave to appeal in the Supreme Court.

Having heard the counsel for the parties and on perusal of the record, the Supreme Court was of the view that the judgment of the Division Bench could not be sustained. It was observed that the intra-court appeal involved factual and legal issues, which were decided by the Single Judge. Therefore, once they were carried in intra-court appeal by an aggrieved party and pressed in service while assailing the order of the single Judge, it was incumbent upon the Division Bench to deal with all the issues urged and record its findings one way or the other on every issue urged. In such circumstances, the Court found itself unable to concur with the manner in which the Division Bench disposed of the appeal. Hence, the appeal was allowed; the judgment impugned was set aside, and the matter was remanded back to the Division bench for fresh adjudication. [Raghubir Singh v. State of Rajasthan,2018 SCC OnLine SC 2203, decided on 26-10-2018]

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