SUPREME COURT OF INDIA
RUMA PAL AND C.K. THAKKER, JJ.
STATE OF UTTARANCHAL AND OTHERS - APPELLANTS
VERSUS
RAJENDRA SINGH - RESPONDENT
CIVIL APPEAL NO. 7031 OF 2004,
DECIDED ON OCTOBER 25, 2004
Constitution of India, Article 226 - Procedure for Disposal of writ petition - High Court disposed of the writ petition immediately after having issued notice to the respondent-appellants - High Court proceeded with the matter on the basis of its earlier judgment and directed the respondent to grant relief to the writ petitioners - Not proper- The matter required to be disposed of after giving the respondents an opportunity of filing their counter-affidavits- Order of the High Court set aside- High Court asked to disose of the petition expeditiously. [Para 2]
ORDER
1. LEAVE GRANTED.
2. THE ONLY GRIEVANCE OF THE APPELLANTS IN THIS CASE IS THAT THE HIGH COURT HAD DISPOSED OF THE WRIT PETITION IMMEDIATELY AFTER HAVING ISSUED NOTICE TO THE RESPONDENT-APPELLANTS IN THE WRIT PETITION. LEARNED COUNSEL APPEARING ON BEHALF OF THE RESPONDENT CANNOT DISPUTE WHAT IS CLEAR FROM THE RECORD. HAVING ISSUED NOTICE AND GRANTED TIME TO THE RESPONDENT TO FILE A COUNTER-AFFIDAVIT, THE HIGH COURT PROCEEDED WITH THE MATTER AND HELD THAT THE CASE OF THE WRIT PETITIONERS WAS COVERED BY THE EARLIER JUDGMENT OF THE HIGH COURT AND DIRECTED THE RESPONDENT TO GRANT RELIEF TO THE WRIT PETITIONERS ACCORDINGLY. SUCH A PROCEDURE WAS UNWARRANTED. THE MATTER MUST BE DISPOSED OF AFTER GIVING THE RESPONDENTS AN OPPORTUNITY OF FILING THEIR COUNTER-AFFIDAVITS AS DIRECTED BY THE HIGH COURT. THE INTERIM ORDER GRANTED BY THIS COURT AT THE TIME OF ISSUING NOTICE ON THE SPECIAL LEAVE PETITION FILED BY THE APPELLANTS HEREIN IS THEREFORE, CONFIRMED. SINCE THE WRIT PETITION IS PENDING BEFORE THE HIGH COURT, THE HIGH COURT IS REQUESTED TO DISPOSE OF THE SAME AS EXPEDITIOUSLY AS IS CONVENIENTLY POSSIBLE FOR IT.
3. THE CIVIL APPEAL IS DISPOSED OF BUT WITHOUT ANY ORDER AS TO COSTS.
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