Kishore Rungta vs State Of Rajasthan & Ors on 20 January, 2011

                                   IN THE SUPREME COURT OF INDIA

                         CIVIL APPELLATE JURISDICTION

                         CIVIL APPEAL NO.1206 OF 2005

KISHORE RUNGTA                                             ... APPELLANT(S)

                 VERSUS

STATE OF RAJASTHAN & ORS.                                  ... RESPONDENT(S)


                                         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.

……………….J.

(DALVEER BHANDARI)

……………….J.

(DEEPAK VERMA)

NEW DELHI;

20TH JANUARY, 2011