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.
9. 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.
IN THE SUPREME COURT OF INDIA
Civil Appeal No. 8376 of 2018 (Arising out of SLP (C) No. 21546 of 2017)
Decided On: 20.08.2018
Birwati Chaudhary Vs. The State of Haryana and Ors.
Hon'ble Judges/Coram:
Abhay Manohar Sapre and U.U. Lalit, JJ.
