2016 INSC 0860
                                    SUPREME COURT OF INDIA

                                                Sudesh Yadav

                                                      Vs.

                                   Genesis Infratech Pvt. Ltd. & Ors.

                                        SLP(Civil)No.25968/2016

                             (Jagdish Singh Khehar and Arun Mishra,JJ.,)

                                                 05.09.2016

                                                   ORDER

1. Learned counsel for the petitioner states, that the impugned order dated 30.08.2016 was
passed by the High Court without serving the petitioner. It is submitted, that the petitioner
has been arrayed as respondent no.5 in the writ petition, wherein the above order dated
30.08.2016 was passed.

2. In the above view of the matter, it is the contention of the learned counsel for the
petitioner, that the order passed on the back of the petitioner is not sustainable in law. It is
also Sign ature-NŠt Verified submission of the learned counsel for the petitioner, that the
Date: 21 17:43:1! Reason petitioner has moved an application under Article 226(3) of the
Constitution of India, seeking a recall of the order dated 30.08.2016. It is submitted, that the
petitioner would be satisfied, if the instant petition is disposed of, with a direction to the High
Court, to pass a final order on the said application, before the authorities carry out the
demolition process, directed in the impugned order dated 30.08.2016.

3. Having given our thoughtful consideration to the submissions advanced at the hands of the
learned counsel for the petitioner, we find no justification whatsoever to interfere with the
impugned order, except that, in case the petitioner was not served when the order dated
30.08.2016 came to be passed, and in case the petitioner has moved such an application
under Article 226(3) of the Constitution of India, as has been stated before us, the High Court
shall take a decision on the said application, and dispose of the same without any further
delay, and most definitely, on or before 09.09.2016, the date by which the compliance report
has to be furnished to the High Court.

4. Demolition at the hands of the authorities, in furtherance of the impugned order dated
30.08.2016 shall remain stayed, in the meantime, till the above mentioned application is
disposed of.

5. Disposed of in the above terms

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