Full Judgment Text
REPORTABLE
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO. 8376 OF 2018
[Arising out of SLP (C) No.21546 of 2017]
Smt. Birwati Chaudhary & Ors. .. Appellants
Versus
The State of Haryana & Ors. .. Respondents
J U D G M E N T
Abhay Manohar Sapre, J.
1) Leave granted.
2) This appeal arises from the interim order dated
Signature Not Verified
Digitally signed by
ANITA MALHOTRA
Date: 2018.08.20
16:41:00 IST
Reason:
10.08.2017 passed by the High Court of Punjab &
Haryana at Chandigarh in C.M. No.10834 of 2017 in
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Civil Writ Petition No.10546 of 2016 whereby the
High Court rejected the application for stay filed by
the appellants herein.
3) Few relevant facts need to be mentioned infra
for the disposal of the appeal, which involves a short
question.
4) In a pending writ petition (C.W.P.
No.10546/2016) filed by the appellants herein
against the State in the High Court of Punjab &
Haryana, the writ petitioners (appellants herein)
prayed for grant of adinterim stay during the
pendency of the writ petition in relation to the subject
matter of the land in question.
5) By impugned order, the High Court declined to
grant the adinterim stay observing:
“As the required land is lying vacant, we do
not find any reason to grant any stay.”
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6) It is against the aforementioned order, the writ
petitioners have filed this appeal by way of special
leave in this Court.
7) Having heard the learned counsel for the parties
and on perusal of the record of the case, we are
inclined to allow the appeal, set aside the impugned
order and remand the case to the High Court to
decide the adinterim prayer made by the appellants
(writ petitioners) afresh or/and consider disposing of
the writ petition itself, as the case may be, in
accordance with law.
8) The reason to remand the case has occasioned
due to the fact that firstly, no adequate reason is
given in the impugned order for not granting stay;
and secondly, the reason given does not in itself
justify the rejection having regard to the nature of
controversy involved in the writ petition.
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9) In short, justifiable reason(s) to support either
the grant or rejection need(s) to be stated keeping in
view the facts and the law applicable to the
controversy involved. It is not so found in the
impugned order and hence the order of remand is
called for to decide the matter afresh in accordance
with law.
10) In view of the foregoing discussion, the appeal
succeeds and is accordingly allowed. Impugned order
is set aside and the case is remanded to the High
Court to decide the issue afresh on merits strictly in
accordance with law without being influenced by any
of our observations made above, which we have
refrained to make having formed an opinion to
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remand the case to the High Court for the reasons
mentioned above.
…...……..................................J.
[ABHAY MANOHAR SAPRE]
………...................................J.
[UDAY UMESH LALIT]
New Delhi;
August 20, 2018
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