Haryana Urban Development Authority and Others Vs Sanjay Kumar

Supreme Court of India 7 Sep 2015 Civil Appeal No. 6998 of 2015 (Arising Out of SLP (C) No. 32269 of 2014) (2015) 09 SC CK 0113
Bench: Division Bench
Result Published

Judgement Snapshot

Case Number

Civil Appeal No. 6998 of 2015 (Arising Out of SLP (C) No. 32269 of 2014)

Hon'ble Bench

Kurian Joseph, J; Arun Mishra, J

Advocates

Monika Gusain, for the Appellant; N.D. Achint, Dinesh Verma and Subhasish Bhowmick, Advocates for the Respondent

Final Decision

Allowed

Judgement Text

Translate:

Kurian Joseph, J@mdashLeave granted.

2. It is seen that the impugned order dated 13.05.2014 has been passed by the High Court on the notice stage itself and, therefore, the Respondent could not get an opportunity to file their reply. Having regard to the nature of the disputes arising out of the writ petition and the pleadings before us, we are of the view that interest of justice would be served only in case the Appellants are given an opportunity to file their reply.

3. Accordingly, the appeal is allowed and the impugned order dated 13.05.2015 passed by the High Court is set aside. The writ petition is restored to the file of High Court. The Appellants shall file their reply before the High Court within a period of four weeks from today and thereafter it will be open to the Respondent to file their rejoinder affidavit, if any, within two weeks and the matter shall be considered appropriately thereafter.

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