Supreme CourtDivision Bench(2013) 01 SC CK 0051

Sunanda Mahendra Gaikwad vs State of Maharashtra and Others

Supreme Court Of India · Decided on 22 January 2013

HON’BLE JUDGES
Surinder Singh Nijjar, J · Anil R. Dave, J
RESULT
Disposed Of
CASE NUMBER
Civil Appeal No. 764 of 2013 (Arising out of SLP (C) No. 5325 of 2011)

AI Structured Summary

Not yet generated for this judgment

Judgment

5 paragraphs · 175 words
1.

Leave granted.

2.

We have heard the learned Counsel for the parties.

3.

A perusal of the order passed by the High Court clearly shows that it is a non-speaking order. The writ petition has been disposed of in a perfunctory manner, without considering either the factual or the legal controversy involved. In our opinion, the impugned order cannot be sustained in law. On this short ground alone, the impugned order passed by the High Court is set aside and the matter is remanded back to the High Court for consideration of the writ petition on merits.

4.

It is brought to our notice by the learned Counsel for the Appellant that he did not have the opportunity to file rejoinder affidavit before the High Court. If that be so, the Appellant may be permitted to file rejoinder affidavit before the High Court and thereafter the writ petition be set down for final disposal. Hearing of the writ petition also be expedited.

5.

The appeal is disposed of with the aforementioned observations and directions.