The Supreme Court on Monday set aside an order of the Allahabad High Court after finding that the lower court had ruled on a land-related writ petition without even informing one of the affected parties - a senior citizen woman named Dinesh Kumari (also known as Dinesh Rani). The bench noted that such a decision, made behind someone’s back, goes against basic principles of justice.
Background
The case revolves around a dispute involving M/s Suncity Hi-Tech Infrastructure Pvt. Ltd., where a writ petition had been filed before the High Court. On September 19, 2024, the High Court passed an order, but it did so without issuing notice to Kumari, who was directly impacted by the outcome.
During the Supreme Court hearing, even the counsel for the company acknowledged that the High Court’s order came without giving Kumari a chance to present her side. This immediately raised concerns in the courtroom, since the right to be heard is fundamental, especially when valuable property interests are involved.
Court’s Observations
The bench of Justice Sanjay Kumar and Justice Alok Aradhe appeared visibly unsatisfied with the manner in which the High Court had proceeded. “The appellant was denied an opportunity of being heard,” the bench observed, adding that no judicial order affecting someone’s rights can be sustained if it is passed without notice to them.
The judges emphasized that fairness is not a technical formality. It is a core part of justice. Passing an order in someone’s absence - especially a senior citizen defending her property rights - is “not acceptable in law,” the court hinted through its reasoning.
Decision
The Supreme Court allowed the appeal and set aside the High Court’s order dated September 19, 2024. It restored the writ petition back to the High Court’s docket and directed the court to hear all sides properly this time.
The order concludes that the High Court must issue notice to every concerned party and decide the matter afresh, strictly on merits and in accordance with law.
The case now goes back to the High Court, where hearings will begin again but this time, with everyone present.
Case: Dinesh Kumari @ Dinesh Rani (Senior Citizen) vs. M/s Suncity Hi-Tech Infrastructure Pvt. Ltd. & Others
Court: Supreme Court of India
Bench: Justice Sanjay Kumar and Justice Alok Aradhe
Case Type: Civil Appeal (arising out of Special Leave Petition)
Originating Case: Writ C No. 28193/2024 before the Allahabad High Court
