Case: RAGHUBIR SINGH Vs. THE STATE OF RAJASTHAN

3. Few facts need to be mentioned infra for the disposal of this appeal, which involves a short point.      4. The dispute, which is subject matter of this appeal, relates to acquisition of land under the provisionsof the Land Acquisition Act (for short called The Act). 5. The challenge was made by the appellant (writ petitioner)by filing the writ petition in the High Court to the issuance of Section 4 notifications and subsequent notifications issued under the Act on several factual and legal grounds. 6. The learned Single Judge dismissed the writ petition, which gave rise to filing of the intra court appealby the writ petitioner before the Division Bench. By impugned order, the Division Bench dismissed the appeal and upheld the order passed by the learned Single judge, which has given rise to filing of special leave to appeal in this Court.

Reasoning:
8. In our considered view, the need to remand the appeal to the Division Bench for its decision afresh on merits has occasionedinter alia for the reason that it did not deal with any of the issues arising in the case and nor it seemed to have dealt with any of the submissions urged by the parties and, especially, the submissions urged by the appellant.9. In our considered opinion, the intra court appeal did involve factualand legal issues, which were decided by the Single Judge, therefore, once they were carried in intra court appeal by an aggrieved party and pressed in service while assailing the order of the Single Judge, it was incumbent upon the Division Bench to deal with all the issues urged and record its findings one way or the other on every issueurged keeping in view the legal provisions applicable to the issues.10. It was, however, not done by the Division Bench andin a cursory manner, the Division Bench disposed of the appeal, resulting in its dismissal.11. We find ourselves unable to concur with such disposal and feel inclined to set aside the impugned order and remand the case to the Division Bench of the High Court with a request to decide the appeal afresh on merits in accordance with law.12. Having formed an opinion to remand the case in the light of our reasoning mentioned above, we do not consider it proper to go into the merits of the case and, therefore, leave all the issues to be dealt with by the Division Bench for its decision on merits.