The Bench noted the submission of the appellant that the High Court did not call for an affidavit from the State but instead disposed of the plea based on an undertaking by the Advocate General of Gujarat.
“The High Court by its judgment disposed off the petition with the observation that plea under Article 226 is not required to be entertained in view of submission and undertaking furnished by AG of Gujarat. The High Court did not call for an affidavit by state govt before disposing off the plea,” the Court observed.
It, therefore, said that the matter should be restored to the High Court to be heard afresh.
“We are of the considered view that it would have been apt for the High Court to decide upon the issues stated in writ petition and give Gujarat govt opportunity to file a detailed affidavit. We are of the view prima facie that the matter be restored to the High Court,” the order said.
The Court also noted that SG Mehta has submitted that matter be restored back to the High Court.
“For the above reasons we allow the appeal without delving into merits and set aside the impugned judgment of Nov 2021. The (Supreme) Court has not heard the case on merits. We leave it open to the High Court to take a fresh view after hearing the parties and allow pleadings to be completed,” the top court directed.
Source: Barandbench
