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2018 Supreme(SC) 826

A.M.SAPRE, UDAY UMESH LALIT
Birwati Chaudhary – Appellant
Versus
State of Haryana – Respondent


JUDGMENT

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 Punjab & Haryana, the writ petitioners (appellants herein) prayed for grant of adinterim stay during the pendency of the writ petition in relation to the subject matter of the land in question.

5) By impugned order, the High Court declined to grant the adinterim stay observing:

“As the required land is lying vacant, we do not find any reason to grant any stay.”

6) It is against the aforementioned order, the writ petitioners have filed this appeal by way of special leave in this Court.

7) Having heard the learned counsel for the parties and on perusal of the record of the case, we are inclined to allow the appeal, set aside the impugne



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