Supreme Court - Daily Orders
Haryana Urban Development Authority vs Sanjay Kumar on 7 September, 2015
Author: Kurian Joseph
Bench: Kurian Joseph, Arun Mishra
NON-REPORTABLE
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO. 6998 OF 2015
(Arising Out of SLP (c) No.32269 of 2014)
HARYANA URBAN DEVELOPMENT APPELLANT (s)
AUTHORITY AND ORS.
VERSUS
SANJAY KUMAR RESPONDENT(s)
J U D G M E N T
KURIAN JOSEPH, J.
Leave granted.
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 Signature Not Verified Digitally signed by Deepak Mansukhani Date: 2015.10.12 11:01:44 IST given an opportunity to file their reply. Reason:
Accordingly, the appeal is allowed and the impugned order dated 13.05.2014 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.
..........................,J [KURIAN JOSEPH] ..........................,J [ARUN MISHRA] New Delhi;
September 7, 2015
ITEM NO.67 COURT NO.13 SECTION IVB
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Petition(s) for Special Leave to Appeal (C) No(s). 32269/2014
(Arising out of impugned final judgment and order dated 13/05/2014 in CWP No. 9099/2014 passed by the High Court Of Punjab & Haryana at Chandigarh) HARYANA URBAN DEVELOPMENT AUTHORITY AND ORS Petitioner(s) VERSUS SANJAY KUMAR Respondent(s) (with appln. (s) for exemption from filing O.T. and permission to file additional documents and interim relief and office report) Date : 07/09/2015 This petition was called on for hearing today. CORAM :
HON'BLE MR. JUSTICE KURIAN JOSEPH HON'BLE MR. JUSTICE ARUN MISHRA For Petitioner(s) Dr. Monika Gusain,Adv.
For Respondent(s) Mr. N.D. Achint, Adv.
Mr. Dinesh Verma, Adv.
Mr. Subhasish Bhowmick,Adv.
UPON hearing the counsel the Court made the following O R D E R Leave granted.
The appeal is allowed in terms of the signed non-reportable judgment.
(Ashok Raj Singh) (Tapan Kumar Chakraborty)
Court Master Court Master
(Signed non-reportable judgment is placed in the file)