Supreme Court - Daily Orders
State Of Up vs Ambikeshwari Pratap Singh on 13 December, 2024
Bench: Abhay S. Oka, Pankaj Mithal
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO.14459 OF 2024
(Arising out of S.L.P.(Civil) No.26900 of 2024)
STATE OF UP & ANR. ... APPELLANT(S)
VS.
AMBIKESHWARI PRATAP SINGH & ANR. ... RESPONDENT(S)
O R D E R
Leave granted.
Heard the learned senior counsel appearing for the parties.
We have perused the affidavit of compliance dated 9th December, 2024 and, in particular, what is stated in paragraph No.3 thereof.
The order of eviction passed in favour of the first respondent by the Prescribed Authority was set aside in an appeal by the learned District Judge by judgment and order dated 31st May, 2017. Being aggrieved by the said order, the first respondent filed a Writ Petition under Article 227 of the Constitution of India and the Writ Petition was allowed by the impugned judgment. Signature Not Verified
However, Digitally signed by ANITA MALHOTRA Date: 2024.12.18 17:07:08 IST Reason: we find that the finding of the District Court against 1 the first respondent regarding failure of the first respondent to prove the ground of bonafide requirement has not been upset by the High Court. In fact, there is no finding on the said issue by the High Court. Therefore, the only proper course will be to set aside the impugned judgment and to direct the High Court to re-hear the Writ Petition.
Accordingly, we set aside the impugned order dated 14th May, 2024 in Writ Petition A No.18878 of 2017 and restore the said Writ Petition to the file of the High Court. The restored petition shall be listed before the roster Bench on 20th January, 2025 in the morning. Both the appellants and the first respondent shall be represented before the High Court on that day and no further notice shall be served to them. The High Court shall fix an appropriate date for hearing of the restored petition, considering the fact that the Writ Petition is of the year 2017 and the plea of the first respondent is of bonafide need.
Needless to add that the appellants shall continue to pay the agreed rent to the first respondent during the pendency of the Writ Petition before the High Court.
All contentions on merits of the parties to the petition are kept open to be decided by the High Court. 2 The appeal is accordingly allowed on the above terms.
..........................J. (ABHAY S.OKA) ..........................J. (PANKAJ MITHAL) NEW DELHI;
December 13, 2024.
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ITEM NO.74 COURT NO.5 SECTION XI
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). 26900/2024
[Arising out of impugned judgment and order dated 14-05-2024 in WRIT-A No. 18878/2017 passed by the High Court of Judicature at Allahabad, Lucknow Bench] STATE OF UP & ANR. Petitioner(s) VERSUS AMBIKESHWARI PRATAP SINGH & ANR. Respondent(s) (IA No. 255709/2024 - PERMISSION TO FILE ADDITIONAL DOCUMENTS/FACTS/ANNEXURES) Date : 13-12-2024 This matter was called on for hearing today. CORAM :
HON'BLE MR. JUSTICE ABHAY S. OKA HON'BLE MR. JUSTICE PANKAJ MITHAL For Petitioner(s) Ms. Garima Prashad, Sr. A.A.G. Ms. Ruchira Goel, AOR Mr. Sharanya Sinha, Adv. Ms. Veera Mahuli, Adv.
For Respondent(s) Mr. Siddhartha Dave, Sr. Adv. Ms. Vidhi Pankaj Thaker, AOR 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 order. Pending application also stands disposed of.
(ANITA MALHOTRA) (ANU BHALLA)
AR-CUM-PS COURT MASTER
(Signed order is placed on the file.) 4 5