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http://JUDIS.NIC.IN SUPREME COURT OF INDIA
CASE NO.:
Appeal (civil) 6514 of 2001
PETITIONER:
PALA JHANGOLA VIKAS SAMITI & ANR
RESPONDENT:
CUSTODIAN GEN. OF AVACUEE PROPERTY & ORS
DATE OF
CASE NO.:
Appeal (civil) 6514 of 2001
PETITIONER:
PALA JHANGOLA VIKAS SAMITI & ANR
RESPONDENT:
CUSTODIAN GEN. OF AVACUEE PROPERTY & ORS
DATE OF
JUDGMENT
: 27/02/2008
BENCH:
TARUN CHATTERJEE & HARJIT SINGH BEDI
JUDGMENT:
BENCH:
TARUN CHATTERJEE & HARJIT SINGH BEDI
JUDGMENT:
JUDGMENT
O R D E R
CIVIL APPEAL NO.6514 OF 2001
Heard learned counsel for the parties.
On perusal of the impugned order against which this appeal has been filed we find th at the
High Court had dismissed the Writ Petition on the ground that in view of the statutory remed y of appeal and of the highly disputed questions of fact which have been sought to be raised, the
Writ
Petition could not be entertained.
Without going into the merit of the case, we are of the view that liberty should be granted to the appellants to file an appeal before the appellate authority and if such an appeal is fil ed, the appellate authority without going into the question of limitation shall decide the appeal on merits and in accordance with law after hearing the parties. We order accordingly.
In view of the Order now passed, application for impleadment has become infructuous and is disposed of as such.
The appeal is disposed of accordingly.
There shall be no order as to costs.
CIVIL APPEAL NO.6514 OF 2001
Heard learned counsel for the parties.
On perusal of the impugned order against which this appeal has been filed we find th at the
High Court had dismissed the Writ Petition on the ground that in view of the statutory remed y of appeal and of the highly disputed questions of fact which have been sought to be raised, the
Writ
Petition could not be entertained.
Without going into the merit of the case, we are of the view that liberty should be granted to the appellants to file an appeal before the appellate authority and if such an appeal is fil ed, the appellate authority without going into the question of limitation shall decide the appeal on merits and in accordance with law after hearing the parties. We order accordingly.
In view of the Order now passed, application for impleadment has become infructuous and is disposed of as such.
The appeal is disposed of accordingly.
There shall be no order as to costs.