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Supreme Court of India

SUNANDA MAHENDRA GAIKWAD vs STATE OF MAHARASHTRA on 22 January, 2013

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C.A. No.-000764-000764 - 2013Official PDFBench Surinder Singh Nijjar, Anil Ramesh Dave, Shiva Kirti SinghAdvocates ABHA R. SHARMA | SHIVAJI M. JADHAV
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO. 764 OF 2013
(Arising out of SLP(C) No.5325/2011)
SUNANDA MAHENDRA GAIKWAD Appellant(s)
:VERSUS:
STATE OF MAHARASHTRA & ORS. Respondent(s)
O R D E R

Leave granted.

We have heard the learned counsel for the

parties.

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.

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.

The appeal is disposed of with the

aforementioned observations and directions.

(ANIL R. DAVE) JUDGMENT New Delhi; January 22, 2013.