VidhiSangh

Supreme Court of India · 03/12/2018

JOHRA & ORS. versus STATE OF HARYANA & ORS.

[2018] 14 S.C.R. 970 · 2018 INSC 1140

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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

  1. Whether mandatory directions affecting alleged encroachers could be issued without notice or hearing to them as parties to the writ petition.

Held

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.

Judgment PDF: Supreme Court of India, [2018] 14 S.C.R. 970.