Providing ‘justifiable reasons’ to support grant or refusal of stay is a sine qua non: SC

Supreme Court: A Bench comprising of Abhay Manohar Sapre and Uday U. Lalit, JJ. allowed an appeal filed against the order of Punjab and Haryana High Court wherein the application for stay as filed by the appellants herein was rejected.

The appellants had filed a writ petition against the State in the High Court, and during the pendency of the same, application was filed for grant of ad-interim stay in relation to the subject matter of the land in question. By the order impugned, the High Court declined to grant the ad-interim stay. Against the said order, the appellants filed the instant appeal by way of special leave.

The Supreme Court, on perusing the record of the case, observed that no adequate reason was given in the order impugned for not granting stay. The reason given did not justify the rejection, having regard to the nature of the controversy involved. In short, justifiable reasons to support either grant or rejection need to be stated, keeping in view the facts and the law applicable to the controversy involved. It was not so found in the order impugned. Resultantly, the Supreme Court allowed the appeal; set aside the order impugned, and remanded the case to the High Court to decide the matter afresh. [Birwati Chaudhary v. State of Haryana,2018 SCC OnLine SC 1020, dated 20-08-2018]

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    Thank you a bunch for sharing this with all of us you actually realize what you are talking about!

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