In Brief
The High Court had dismissed a Writ Petition by merely referring to a previous decision without examining the respondents' individual circumstances or calling for a counter affidavit from the State. The Supreme Court held that such summary disposal without addressing individual facts and without procedural fairness to the State was improper. The Court allowed the appeal, set aside the High Court's order, and remitted the Writ Petition for fresh decision, directing the State to file its counter affidavit within four weeks to enable proper consideration on the merits.
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