LawDistill
Supreme Court of India

UJWALA YUVRAJ NAARKHEDE vs ARCHANA PRAKASH NARKHEDE on 12 January, 2009

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C.A. No.-000158-000158 - 2009Official PDFAdvocates NARESH KUMAR | KULDIP SINGH
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO. 158 OF 2009
[Arising out of SLP(C) No. 5320/2006]
UJWALA YUVRAJ NAARKHEDE ... APPELLANT(S)
:VERSUS:
ARCHANA PRAKASH NARKHEDE AND ORS. ... RESPONDENT(S)
O R D E R

Delay condoned.

Leave granted.

Respondents filed a writ petition before the High Court, inter alia, praying

for the following reliefs:

“(d) Issue writ of mandamus or any other appropriate writ, order

or direction to direct the Respondent No.2 to appoint the petitioner

on the post of Anganwadi Madatnis, who is more meritorious

candidate for the post of Anganwadi Madatnis.”

The High Court passed an interim order in terms of prayer (d) and (c) in the

writ petition, without assigning any reason therefor and without giving an

opportunity of being heard to the appellant herein.

An application for review of the said order was filed by the appellant, which

again, without assigning any reason, has been dismissed.

We, therefore, are of the opinion that the impugned judgment cannot be

sustained and it is set aside accordingly.

However, the respondents may file appropriate application for grant of an

interim relief(s) if any occasion arises therefor.

We would request the High Court to consider the desirability of disposing of

the writ petition as expeditiously as possible, preferably within a period of three

months form the date of communication of this order.

The appeal is allowed with the aforementioned direction.

(S.B. SINHA)