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2004 (8) TMI 110

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..... n had confirmed the original order passed by Settlement Commission. As a matter of fact in the writ petitions which have been disposed of by the impugned order, the High Court was obliged to go into the question as to whether the original order dated 2-8-2001 passed by the Settlement Commission was in accordance with law or not, but it has refrained itself from going into the said question - High .....

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..... ervations of the High Court, the appellants were permitted to withdraw the writ petitions to enable them to file rectification petitions before Settlement Commission and the Court did not go into merits of order passed by the Settlement Commission. Pursuant to the permission granted, the appellants filed rectification petitions before Settlement Commission which was rejected by order dated 4-12-20 .....

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..... nable the appellants to file rectification petitions would not show that the High Court on the earlier occasion had confirmed the original order passed by Settlement Commission. As a matter of fact in the writ petitions which have been disposed of by the impugned order, the High Court was obliged to go into the question as to whether the original order dated 2-8-2001 passed by the Settlement Commi .....

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..... pugned order, it does not appear that this point was raised before the High Court. Be that as it may, the point raised being a pure question of law, we are of the view that the High Court was not justified in refusing to go into the merits of the original order passed by the Settlement Commission. 5. For the foregoing reasons, appeals are allowed, impugned order rendered by the High Court is set .....

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