Legal Question in Appeals and Writs in India

I have filed an Writ Petition before Single Judge where after hearing both the parties learned Single Judge issued Rule and admitted my petition. My respondent filed an LPA before Division Bench against the order of Rule issued by Single Judge by saying that Single Judge has not given any reasons in the order at time of issuing Rule why he is giving interim relief. Division Bench without issuing any notice to me rendered a judgement and quashed and set aside single judge order of issuing Rule and asked Single Judge to decide the as a fresh matter regarding my interim application or the Writ Petition itself. Can Division Bench of High Court has a power to render a judgement of quashing and set side single judge order without hearing me or giving any opportunity to me. Does Single Judge has to give reasons for giving interim relief in the order while issuing Rule and admitting the petition. What are the legal remedies available to me against Division bench judgement. While deciding a fresh does Single Judge can change his view which he has previously taken as issuing rule and admitting my petition.Please give me urgently advice in this matter, so i can take your services for further legal remedy.


Asked on 2/27/14, 3:06 am

1 Answer from Attorneys
anuradha Dixit +9312411481 dixitlawfirm

you cannot get proper opinion without the files being examined and the orders studied. the DB can direct the rexamination of the order. for further query contact 9312411481.

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Answered on 3/02/14, 7:55 pm


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