The Supreme Court of India on Wednesday raised serious concern over an eviction order allegedly passed without notice by an in-charge judge in Gurugram. The bench led by Justice J.K. Maheshwari and Justice Vijay Bishnoi asked the Punjab & Haryana High Court to clarify how such an order was issued while the assigned trial judge was on leave.
Background of the Case
The matter arises from a special leave petition filed by Anjali Foundation challenging a December 8, 2025 High Court order that dismissed its civil revision as infructuous after an ex-parte eviction direction was issued on November 24, 2025 in favour of respondent Anil Mehra. The petitioner argues that the order was passed "behind their back" while the main judge handling the case was absent.
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Arguments Presented
Senior advocate Mukul Rohatgi, appearing for the petitioner, submitted that the original judge, Ms. Santosh, was on leave and the next listed date was January 17, 2026. Yet the matter was allegedly moved to the in-charge Rent Controller, Hari Kishan, who passed a final eviction order without issuing notice.
Rohatgi told the bench that "an in-charge judge may handle urgent matters, but passing final orders without notice is not proper judicial practice." He added that the petitioner would comply and vacate the premises by February 28, 2026, but the legality of the process still needed review.
Court’s Observations
The Supreme Court noted concerns regarding jurisdiction and propriety, stating that a final eviction order without hearing the opposite side was prima facie irregular. The bench stated,
“When the assigned judge is on leave, passing an order on merits without notice is not tenable.”
It also flagged the need to verify procedural rules regarding substitute judicial authority.
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Decision
The Court issued notice returnable on February 2, 2026, and directed the petitioner to file an undertaking to vacate the premises by February 28, 2026. It further instructed the Registrar General of the Punjab & Haryana High Court to file a report on how the eviction order came to be passed and what rules govern judicial substitution in such situations.
The matter will be taken up next on February 2, 2026.
Case Title: Anjali Foundation vs. Anil Mehra
Case Number: SLP (C) No. 36228/2025
