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Providing ‘justifiable reasons’ to support grant or refusal of stay is mandatory

In Smt. Birwati Chaudhary & Ors. vs The State of Haryana & Ors., appeal was filed against the judgment of the Punjab & Haryana High Court rejecting the application for stay filed by the appellants herein. By impugned order, the High Court declined to grant the ad­interim stay observing:
“As the required land is lying vacant, we do not find any reason to grant any stay.”

The Supreme Court allowed the appeal and remanded the matter back to the High Court to decide the application again and held that the reason to remand the case has occasioned due to the fact that firstly, no adequate reason is given in the impugned order for not granting stay; and secondly, the reason given does not in itself justify the rejection having regard to the nature of controversy involved in the writ petition. In short, justifiable reason(s) to support either the grant or rejection need(s) to be stated keeping in view the facts and the law applicable to the controversy involved. It is not so found in the impugned order and hence the order of remand is called for to decide the matter afresh in accordance with law.

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