Denial of opportunity to rebut or explain the evidence produced by the opposing party is a violation of the principles of natural justice.

JUDGMENT

1. Heard learned Counsel for the parties.

2. The grievance in the appeal is to the manner in which the writ petition filed by the appellants has been decided. The record of the learned Single Judge would show that the writ petition was listed for preliminary hearing on 08.09.2017. Without issuing notice to the respondents and recording only presence of Counsel for the appellants, the order dated 8.9.2017 records that arguments have been heard and concluded. The matter was reserved for orders.

3. The next order dated 18.09.2017 is in the presence of Counsel for the respondents and records that after the writ petition was heard and reserved for judgment it was ordered to be listed "to be mentioned category", to obtain record regarding possession from the Rajasthan Housing Board.

4. The matter was adjourned for 19.09.2017 and thereon to 22.09.2017 on which date the order records that matter has been heard and the order was reserved. The impugned judgment dated 06.10.2017 was pronounced and has made a reference to the record produced by the respondents.

5. The grievance in the appeal is that the learned Single Judge never shared the record with the writ petitioners i.e. the appellants and they were denied an opportunity to either rebut or explain the same.

6. In that view of the matter the appeal is disposed of setting aside the order dated 06.10.2017. S.B.C.W. Petition No. 4075/2017 is restored for adjudication with a direction that a counter affidavit would be required to be filed in the writ petition. A rejoinder would be filed thereto. The petition would be decided afresh.