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Supreme Court of India

Arya Samaj Mandir vs Union Of India And Ors on 16 May, 2008

Bench: S.B. Sinha, Lokeshwar Singh Panta

           CASE NO.:
Appeal (civil)  4128 of 2008

PETITIONER:
ARYA SAMAJ MANDIR 

RESPONDENT:
UNION OF INDIA AND ORS.

DATE OF JUDGMENT: 16/05/2008

BENCH:
S.B. SINHA & LOKESHWAR SINGH PANTA

JUDGMENT:

JUDGMENT O R D E R [Arising out of SLP(C) No. 2278/2007] Leave granted.

Having heard the learned counsel for the parties, we are of the opinion that the impugned order having been passed without giving an opportunity of hearing to the appellant, the same cannot be sustained, it is set aside accordingly. The appellant may file counter affidavit in the writ petition before the High Cort, within four weeks and rejoinder thereto, if any, by the writ petitioners as also by the MCD, may be filed within two weeks thereafter.

We would request the High Court to consider the desirability of disposing of the matter as expeditiously as possible.

The appeal is disposed of with the aforementioned observation and direction.