IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO.14459 OF 2024 (Arising out of S.L.P.(Civil) No.26900 of 2024)
STATE OF UP & ANR. ... APPELLANT(S)
VS.
AMBIKESHWARI PRATAP SINGH & ANR. ... RESPONDENT(S)
O R D E R
Leave granted.
Heard the learned senior counsel appearing for the
parties.
We have perused the affidavit of compliance dated
9th December, 2024 and, in particular, what is stated in
paragraph No.3 thereof.
The order of eviction passed in favour of the first
respondent by the Prescribed Authority was set aside in
an appeal by the learned District Judge by judgment and
order dated 31st May, 2017. Being aggrieved by the said
order, the first respondent filed a Writ Petition under
Article 227 of the Constitution of India and the Writ
Petition was allowed by the impugned judgment. However,
we find that the finding of the District Court against
1
the first respondent regarding failure of the first
respondent to prove the ground of bonafide requirement
has not been upset by the High Court. In fact, there is
no finding on the said issue by the High Court.
Therefore, the only proper course will be to set aside
the impugned judgment and to direct the High Court to
re-hear the Writ Petition.
Accordingly, we set aside the impugned order dated
14th May, 2024 in Writ Petition A No.18878 of ...