Summary
The Supreme Court set aside directions concerning restoration of alleged Gram Panchayat encroachments because the High Court had not heard the affected private respondents. Their presence as parties entitled them to an opportunity to present their stand before mandatory directions were issued. The writ petition was restored for decision after hearing all parties within six months, without adjournments. The land dispute and all substantive pleas remained open.
Issues
- Whether mandatory directions affecting alleged encroachers could be issued without notice or hearing to them as parties to the writ petition.
Held
- The High Court had expressly dispensed with notice to the private respondents while issuing mandatory directions affecting the subject land. Passing those directions without hearing the affected parties violated natural justice. (¶¶ 4, 5, 7, 8, 9, 10, 11)
- The Supreme Court did not examine the factual dispute or express any opinion on the competing pleas; those matters were for the High Court after hearing the parties. (¶¶ 12, 13)
- The writ petition was restored for a decision after hearing all parties within six months of the order, without allowing any party to seek an adjournment. (¶¶ 14, 15)
Result
Appeals allowed. Impugned order set aside and writ petition restored before the High Court for decision after hearing all parties within six months; merits left open.