Haryana Urban Development Authority and Ors. v. Sanjay Kumar

November 26, 2021

Civil Appeal No. of 2015

Constitution of India — Art. 132 — Appeal — Impugned order was passed by High Court in writ petition on the notice stage itself — Respondents, could not as a result, get an opportunity to file their reply — Having regard to the nature of the disputes arising out of the writ petition and the pleadings, appellants held are entitled to an opportunity to file their reply — Impugned order passed by High Court, set aside (Para 2)

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(Kurian Joseph and Arun Mishra, JJ.)

Haryana Urban Development Authority and Ors. _____ Appellant(s)

Sanjay Kumar __________________________________ Respondent(s)

Civil Appeal No. of 2015, decided on September 7, 2015

[Arising out of SLP (c) No. 32269 of 2014]

The Judgement of the court was delivered by

Kurian Joseph, J.:—

1. Leave granted.

2. 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 given an opportunity to file their reply.

3. Accordingly, the appeal is allowed and the impugned order dated 13.05.2015 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.

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