JOHRA & ORS. versus STATE OF HARYANA & ORS.

JOHRA & ORS. versus STATE OF HARYANA & ORS.

The impugned order is set aside since the High Court disposed of the writ petition and issued mandatory directions without granting the appellants, who were party respondents, an opportunity of hearing, violating the fundamental principle of natural justice.

Parties
Appellants: Johra & Ors.; Respondents: State of Haryana & Ors.
Jurisdiction
India
Judgment Date
03 December 2018
Procedural Posture
Civil Appeal / Appeal Against Final Judgment and Review Order of the High Court, Remanded
Outcome
Appeals allowed; impugned order set aside; writ petition restored to the High Court for fresh decision after hearing all parties.
Legal Topics
Opportunity of Hearing, Unauthorized Encroachment, Principle of Natural Justice, Procedural Fairness
Constitutional Law Administrative Law Natural Justice Opportunity of Hearing Unauthorized Encroachment Principle of Natural Justice Procedural Fairness

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Parties

Johra & Ors.

Appellants

State of Haryana & Ors.

Respondents

Procedural Posture

Civil Appeal / Appeal Against Final Judgment and Review Order of the High Court, Remanded

Legal Issues

  1. 1 Whether the High Court erred in passing mandatory directions affecting the appellants without granting them an opportunity of hearing.

Ratio Decidendi

The impugned order is set aside since the High Court disposed of the writ petition and issued mandatory directions without granting the appellants, who were party respondents, an opportunity of hearing, violating the fundamental principle of natural justice.

Court Disposition

Appeals allowed; impugned order set aside; writ petition restored to the High Court for fresh decision after hearing all parties.

Orders

  • Matter remitted to High Court; High Court to decide writ petition afresh after hearing all parties; To be disposed of within six months; No adjournments to be allowed.