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Supreme Court of India 2018-12-03 allowed

Johra & Ors vs State of Haryana & Ors

Bench: 2 — Abhay Manohar Sapre

In Brief

The Supreme Court allowed appeals by landholders challenging a High Court order directing restoration of Gram Panchayat land occupied by them. The High Court had issued mandatory directions to a State Deputy Commissioner without hearing the appellants, despite their being party respondents in the writ petition. The Supreme Court held that this violated the fundamental principle of natural justice (audi alteram partem), which requires that no Court order can be passed against any party without affording them a hearing. The Court set aside the impugned order and remitted the writ petition to the High Court for redecision after hearing all parties.

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Civil Procedure Natural Justice Audi Alteram Partem High Court Practice

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