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Civil · Reportable judgment

Smt. Birwati Chaudhary & Ors. vs The State of Haryana & Ors.

Court
Supreme Court of India
Date
20 August 2018
Case No.
Civil Appeal No. 8376 of 2018
Result
Allowed
Bench
Uday Umesh Lalit, Abhay Manohar Sapre
Citation
[2018] 10 S.C.R. 934 : 2018 INSC 723
Supreme Court Reports [2018] 10 S.C.R. 934 : 2018 INSC 723
Headnote

Interlocutory Order: Appellant filed a Writ petition before the High Court and prayed for grant of interim stay during pendency of Writ petition in relation to the subject mater of the land in question – High Court rejected the application for stay observing that since the required land is lying vacant, there is no reason to grant any stay – On appeal, held: High Court did not give adequate reason for not granting stay and the reason given was not in itself justified reason – Matter remitted to High Court to decide the ad interim prayer afresh.

Allowing the appeal and remitting the matter to High Court, the Court

HELD: The Court is required to support justifiable reason(s) to either grant or reject keeping in view the facts and the law applicable to the controversy involved. It was not so found in the impugned order and, therefore, the order of remand is called for to decide the matter afresh in accordance with law. [Para 9] [935-G-H; 936-A]

As published in the Supreme Court Reports, Supreme Court of India. Text from the Indian Supreme Court Judgments open data set (Dattam Labs), CC BY 4.0.

Full Judgment Text

The Judgment of the Court was delivered by ABHAY MANOHAR SAPRE, J. 1. Leave granted. 2. This appeal arises from the interim order dated 10.08.2017 passed by the High Court of Punjab & Haryana at Chandigarh in C.M. No.10834 of 2017 in Civil Writ Petition No.10546 of 2016 whereby the High Court rejected the application for stay filed by the appellants herein. 3. Few relevant facts need to be mentioned infra for the disposal of the appeal, which involves a short question. 4. In a pending writ petition (C.W.P. No.10546/2016) filed by the appellants herein against the State in the High Court of
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