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M/S. Punjab Steel Rolling Mills and ors. Vs. State of Punjab and ors. - Court Judgment

LegalCrystal Citation
CourtSupreme Court of India
Decided On
Judge
Reported in(1983)2SCC267
AppellantM/S. Punjab Steel Rolling Mills and ors.
RespondentState of Punjab and ors.
Excerpt:
- judgment  1. after perusing the judgment of the high court, we find that the points raised before the high court were of considerable importance and merited serious consideration. the high court seems to have rejected the petition in limine without going into the merits of the controversy because it thought that the appellants should have filed appeals against the judgment of the trial court instead of filing a writ petition. as, however, this was a question of levy which was contended to be illegal by the petitioners, the high court should have gone into this question instead of rejecting the writ petition on technical grounds.  2. we, therefore, allow these appeals and remand the case to the high court for disposing of the writ petition on merits.
Judgment:

Judgment

 1. After perusing the judgment of the High Court, we find that the points raised before the High Court were of considerable importance and merited serious consideration. The High Court seems to have rejected the petition in limine without going into the merits of the controversy because it thought that the appellants should have filed appeals against the judgment of the trial court instead of filing a writ petition. As, however, this was a question of levy which was contended to be illegal by the petitioners, the High Court should have gone into this question instead of rejecting the writ petition on technical grounds.

 2. We, therefore, allow these appeals and remand the case to the High Court for disposing of the writ petition on merits.


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