Full Judgment Text
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO. 764 OF 2013
(Arising out of SLP(C) No.5325/2011)
SUNANDA MAHENDRA GAIKWAD Appellant(s)
:VERSUS:
STATE OF MAHARASHTRA & ORS. Respondent(s)
O R D E R
Leave granted.
We have heard the learned counsel for the
parties.
A perusal of the order passed by the High
Court clearly shows that it is a non-speaking order.
The writ petition has been disposed of in a
JUDGMENT
perfunctory manner, without considering either the
factual or the legal controversy involved. In our
opinion, the impugned order cannot be sustained in
law. On this short ground alone, the impugned order
passed by the High Court is set aside and the matter
is remanded back to the High Court for consideration
of the writ petition on merits.
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It is brought to our notice by the learned
counsel for the appellant that he did not have the
opportunity to file rejoinder affidavit before the
High Court. If that be so, the appellant may be
permitted to file rejoinder affidavit before the
High Court and thereafter the writ petition be set
down for final disposal. Hearing of the writ
petition also be expedited.
The appeal is disposed of with the
aforementioned observations and directions.
.........................J
(SURINDER SINGH NIJJAR)
...........................J
(ANIL R. DAVE)
JUDGMENT
New Delhi;
January 22, 2013.
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