HC's Order 'Smacks of Arbitrariness and Perversity', Supreme Court Sets Aside Allahabad HC's Order Passed Without Hearing Parties

The Supreme Court on Monday (March 11) set aside the order of the Allahabad High Court passed in gross violation of the principle of natural justice whereby the order was passed without hearing to the opposite parties.

Terming the order of the High Court as arbitrary and perverse, the Bench Comprising Justices BR Gavai and Sandeep Mehta found that the order was passed in haste without giving notices to the opposite parties and an opportunity to the standing counsel to file proper counter.

“On a perusal of the admitted facts as emanating from the record, we are persuaded to hold that the impugned order passed by the High Court smacks of arbitrariness and perversity. The writ petition filed claiming title on the disputed plot of land was taken up in hot haste and was allowed without issuing formal notice to all the respondents. Even the State authorities were not given proper opportunity of filing a counter. The standing counsel was instructed to appear without any formal notice being issued and was given a single day's opportunity to present the factual report.”, the Judgment authored by Justice Sandeep Mehta stated.

Background

At the request of the villagers, the Land Management Committee (LMC) of the National Highways Authority of India (NHAI) passed a resolution to construct the school near the Highway i.e., on the disputed property, and send the proposal to the SDO. The SDO accepted the proposal and the NHAI started the construction of the school.

Aggrieved by the SDO's approval of the construction of the school, respondent no.1 filed a writ petition before the High Court claiming that the land where the construction took place was owned by him stating that the LMC and SDO had no right to reserve this land for construction of a primary school.

The High Court allowed the Writ Petition and restrained the NHAI from constructing of school on the land holding that the disputed land belongs to respondent no.1

Being aggrieved by the High Court's order, the appellant preferred the instant plea before the Supreme Court challenging the High Court's order being passed in haste and in violation of the principle of natural justice as no opportunity of hearing to the appellant being granted to contest the writ petition.

Supreme Court's Observation

Upon construing the High Court's order and arguments made by the appellant, the Supreme Court found the order passed by the High Court to be suffering from patent illegality, perversity and had been passed in sheer violation of principles of natural justice.

The court faulted the High Court's order after finding that notices were not issued to all the respondents and the order was passed in haste and hurry.

“The writ petition filed claiming title on the disputed plot of land was taken up in hot haste and was allowed without issuing formal notice to all the respondents. Even the State authorities were not given proper opportunity of filing a counter. The standing counsel was instructed to appear without any formal notice being issued and was given a single day's opportunity to present the factual report.”, the court said.

Moreover, the court faulted respondent no.1 for making false and misleading averments in the opening para of the Writ petition filed by him, that no previous writ petition had been filed craving similar relief.

“The writ petition was manifestly tainted on account of concealment of material facts.”, the court observed.

Based on the said premise, the Supreme Court quashed and set aside the order passed by the Single Judge of the Allahabad High Court.

Counsels For Petitioner(s): Mr. Manindra Dubey, Adv. Mr. Pankaj Kumar Singh, Adv. Mr. V.s.dubey, Adv. Mr. Raj Singh Rana, AOR

Case Title: SUNEETA DEVI VERSUS AVINASH AND OTHERS

Citation : 2024 LiveLaw (SC) 226

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