How to deal with a non-reasoned order of Court-SC

SUPREME COURT OF INDIA

DIVISION BENCH

( Before : Surinder Singh Nijjar, J; Anil R. Dave, J )

SUNANDA MAHENDRA GAIKWAD — Appellant

Vs.

STATE OF MAHARASHTRA AND OTHERS — Respondent

Civil Appeal No. 764 of 2013 (Arising out of SLP (C) No. 5325 of 2011)

Decided on : 22-01-2013

ORDER

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.

J. (SURINDER SINGH NIJJAR)

J. (ANIL R. DAVE)

New Delhi;

January 22, 2013.