Orders based on incorrect factual instructions cannot be binding and require reconsideration, ensuring all parties are heard.

O R D E R

1. This Special Leave Petition is filed against the order dated 08.01.2024 passed by the High Court of Madhya Pradesh at Indore in R.P. No.494/2023. By the impugned order, the High Court re-called its earlier order dated 02.01.2023 and restored the Writ Petition and directed that the matter must be heard on merits.

2. Heard Mr. Dhruv Mehta, learned Senior Counsel appearing for the petitioner, Mr. Harmeet Singh Ruprah, learned Deputy Advocate General appearing for the respondent-State of Madhya Pradesh and Mr. Mukul Singh, learned counsel appearing for Mr. Dalchand Gurjar who is impleaded as respondent No.5.

3. By the order impugned before us, the High Court disposed of the Review Petition directing that:-

“5. In the review petition it has been brought to the notice of this Court that with respect to property over which the respondent is claiming title, dispute as regards execution of the lease deed is pending before the Civil Court. Adjoining the land of respondent is a temple of Gurjar Samaj and there have been disputes between the said samaj and the respondent before various forum. The lease deed in favour of the respondent has not yet been executed though proceedings for the same are pending. Thus, from the documents, it appears that the title itself of the respondent over the land in dispute is in question. These facts could not be considered at the time of passing of the order under review.

6. Though, the order was passed upon counsel for the review petitioners taking instructions in the matter, but as has been brought on record in this review petition, the said instructions were misplaced and were factually incorrect. Instructions on the basis of facts which were non-existent and not on the basis of actual facts cannot be held to be bindings upon this Court. The order under review was hence passed under misconception of facts and the matter requires elaborate consideration after hearing all the interested parties concerned.

7. Thus in view of the aforesaid, I deem it fit to recall the order dated 02.01.2023 passed in W.P. No.26452 of 2022. Consequently, the review petition is allowed and the order dated 02.01.2023 passed in W.P. No.26452 of 2022 is hereby recalled and the said writ petition is restored to its original number for hearing on merits.”

4. In view of the fact that the Writ Petition is now been heard on merits, we direct that respondent No.5-herein shall also be impleaded as a party respondent No.4 in the original Writ Petition and the said respondent will also be given opportunity along with other respondents before passing orders.

5. We have not expressed any view on the merits of the matter. We also note that the High Court has made it clear that it has not expressed any opinion on the merits of the matter.

6. We also request the High Court to dispose of the Writ Petition as expeditiously as possible.

7. With these observations, this Special Leave Petition is disposed of.

8. Pending application(s), if any, shall stand disposed of.