ORDER

1. LEAVE GRANTED.

2. BY THE IMPUGNED ORDER THE WRIT PETITION, WHICH WAS PENDING FOR A LONG PERIOD OF THIRTEEN YEARS, HAS BEEN SUMMARILY DISMISSED ON THE GROUND THAT THERE IS REMEDY OF CIVIL SUIT. THE DISPUTE BETWEEN THE PARTIES WAS CONCERNING EXERCISE OF THE RESPONDENTS ALLEGED RIGHT OF RE-ENTRY ON THE DISPUTED PROPERTY IN ACCORDANCE WITH SUB-RULES (2) AND (3) OF RULE 5 OF THE LAND ACQUISITION (COMPANIES) RULES, 1963. THE AFORESAID RULES CONTAIN A MECHANISM FOR ADJUDICATION OF A DISPUTE RELATING TO THE ALLEGED BREACH OF TERMS OF THE AGREEMENT AND THE MANNER IN WHICH IT IS TO BE RESOLVED.

3. THE HIGH COURT, HAVING ENTERTAINED THE WRIT PETITION, IN WHICH PLEADINGS WERE ALSO COMPLETE, OUGHT TO HAVE DECIDED THE CASE ON MERITS INSTEAD OF RELEGATING THE PARTIES TO A CIVIL SUIT.

4. WE, THEREFORE, SET ASIDE THE IMPUGNED ORDER OF THE HIGH COURT AND REMIT THE MATTER TO IT FOR TAKING A DECISION ON MERITS, AFTER HEARING THE PARTIES, WITHIN THE EARLIEST POSSIBLE PERIOD.

5. THE APPEAL IS, ACCORDINGLY, ALLOWED.

6. DURING THE PENDENCY OF THE WRIT PETITION IN THE HIGH COURT, THE STATUS QUO AS OF TODAY, WITH REGARD TO POSSESSION OF THE PROPERTY IN QUESTION, SHALL BE MAINTAINED AND THE PARTIES WILL NOT CREATE ANY THIRD-PARTY RIGHTS.