VidhiSangh

Supreme Court of India · 20/08/2018

SMT. BIRWATI CHAUDHARY & ORS. versus THE STATE OF HARYANA & ORS.

[2018] 10 S.C.R. 934 · 2018 INSC 723

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Summary

The High Court rejected interim protection in a land-related writ petition solely because the land was vacant. The Supreme Court found that reason inadequate to the controversy, set aside the order and remanded for fresh consideration of interim relief or disposal of the writ petition in accordance with law.

Issues

  1. Whether the High Court adequately justified rejection of interim relief by stating only that the land was vacant.

Held

Result

Appeal allowed; the interim refusal was set aside and the matter remanded to the High Court for fresh decision on merits in accordance with law.

Judgment PDF: Supreme Court of India, [2018] 10 S.C.R. 934.