MUNICIPAL CORPORATION,SINGRAULI v. RAJKUMAR BISWASS
2005-07-14
P.K.BALASUBRAMANYAN, R.C.LAHOTI
body2005
DigiLaw.ai
ORDER 1. LEAVE GRANTED. 2. BY THE IMPUGNED ORDER, THE HIGH COURT HAS DIRECTED THE NUMBER OF SHOPS LIABLE TO BE ALLOTTED BY THE APPELLANTS TO THE RESPONDENTS TO BE CHANGED FROM SHOPS NOS. 1 TO 6 AND 15 (RESERVED AS PER ORDER DATED 22-6-1994) TO SHOPS NOS. 13 TO 19. HOWEVER, THE IMPUGNED ORDER DOES NOT ASSIGN ANY REASONS WHICH HAVE PREVAILED WITH THE HIGH COURT FOR SUCH MODIFICATION. THE MODIFICATION AS DIRECTED TO BE MADE BY THE HIGH COURT HAS FAR-REACHING BEARING ON THE RIGHTS OF THE PARTIES. WE DO NOT THINK THAT SUCH A MODIFICATION COULD HAVE BEEN DIRECTED TO BE MADE EXCEPT BY ASSIGNING REASONS IN FAVOUR OF FORMING SUCH OPINION AND THAT TOO BASED ON MATERIAL AVAILABLE ON RECORD. 3. THE IMPUGNED ORDER OF THE HIGH COURT BEING BEREFT OF REASONS CANNOT BE SUSTAINED. 4. THE APPEAL IS ALLOWED. THE IMPUGNED ORDER OF THE HIGH COURT IS SET ASIDE. THE APPLICATION FILED BY THE RESPONDENTS SHALL BE TAKEN UP FOR CONSIDERATION AND DECISION AFRESH BY THE HIGH COURT IN THE LIGHT OF THE OBSERVATIONS MADE HEREINABOVE. 5. NO ORDER AS TO COSTS.