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NAVIN SINHA, KRISHNA MURARI
Modern School, Sector 17, Faridabad – Appellant
Versus
Haryana Urban Development Authority – Respondent
ORDER :
1. We have heard learned counsel for the parties at length.
2. In nature of the order proposed to be passed, we are purposefully refraining from observing anything on merits so as to not prejudice either party.
3. Nothing has been pointed out by the respondents, to our satisfaction, that the appellants are in any way differently situated from the petitioners in CWP No.11416 of 2007 allowed on 24.02.2009. The same Division Bench disposed of the present matters, on the same day, wherein similar questions appear to have been involved including facts, taking divergent views.
4. Therefore, we are satisfied, that on this short ground alone, the impugned order is not sustainable and is set aside. The matter is remanded to the High Court for fresh consideration and disposal in accordance with law. Till the matters are disposed, the interim orders passed by this Court on 02.04.2009 shall continue.
5. The appeals are disposed of in above terms.
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