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'Utterly incomprehensible': SC sets aside Himachal Pradesh HC judgment

By IANS | Published: August 04, 2022 7:18 PM

New Delhi, Aug 4 The Supreme Court has set aside a Himachal Pradesh High Court judgment, noting that ...

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New Delhi, Aug 4 The Supreme Court has set aside a Himachal Pradesh High Court judgment, noting that it was "utterly incomprehensible."

A bench of Justices D.Y. Chandrachud and Sudhanshu Dhulia said: "The judgment of the high court is utterly incomprehensible. The reasons on the basis of which the High Court has proceeded to allow the petitions and set aside the reassessment cannot be discerned from the judgments."

The top court order, passed on August 1, came on an appeal by Himachal Pradesh government challenging the Himachal Pradesh High Court judgment, which allowed the writ petitions instituted by the respondent under Article 226 of the Constitution.

The top court, in its order, said: "A Division Bench of the High Court of Himachal Pradesh has by its judgments dated 27 November 2020 allowed the writ petitions instituted by the respondents under Article 226 of the Constitution. The respondents sought to challenge the validity of orders of reassessment passed by the appellant. The High Court by its impugned judgments has set aside the reassessment."

It noted that notice was issued by the top court on January 12, April 18, and April 29 in the special leave petitions. "The appeals are accordingly allowed. The impugned judgments of the High Court are set aside," said the bench, directing the high court to hear the matter afresh. The matter was Himachal Pradesh and another vs Himachal Aluminium Conductors.

Disclaimer: This post has been auto-published from an agency feed without any modifications to the text and has not been reviewed by an editor

Tags: The Supreme CourtSudhanshu DhuliaHimachal pradesh high court
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