M PENTIAH Vs. MUDDALA VEERAMALLAPPA
LAWS(SC)-1960-11-8
SUPREME COURT OF INDIA (FROM: ANDHRA PRADESH)
Decided on November 07,1960

M.PENTIAH Appellant
VERSUS
MUDDALA VEERAMALLAPPA Respondents


Referred Judgements :-

WENLOCK (BARONESS) V. RIVER DEE CO. [REFERRED TO]
SALMON V. DUNCOMBE [RELIED ON]



Cited Judgements :-

PARUL AROGYA SEVA MANDAL VS. STATE OF GUJARAT [LAWS(GJH)-2013-10-21] [REFERRED TO]
ASSOCIATION OF SELF FINANCING COLLEGES VS. STATE OF GUJARAT [LAWS(GJH)-2013-10-23] [REFERRED TO]
MANJUNATH B D, VS. GOVERNMENT OF INDIA [LAWS(KAR)-2014-3-504] [REFERRED TO]
RAM CHANDRA VS. OM PRAKASH [LAWS(RAJ)-1978-9-1] [REFERRED TO]
STATE OF GUJARAT VS. HON’BLE MR. JUSTICE R.A.MEHTA [LAWS(SC)-2013-1-1] [REFERRED TO]
CENTRAL BUREAU OF INVESTIGATION BANK SECURITIES AND FRAUD CELL VS. RAMESH GELLI [LAWS(SC)-2016-2-100] [REFERRED TO]
Dove Investments Private LTD VS. Gujarat Industrial Investment Corporation Ltd [LAWS(MAD)-2004-12-147] [REFERRED TO]
PARESHKUMAR JAYKARBHAI BRAHMBHATT VS. STATE OF GUJARAT [LAWS(GJH)-2017-12-33] [REFERRED TO]
SHIA CENTRAL BOARD OF WAQFS VS. VIITH A.D.J. MEERUT [LAWS(ALL)-2013-11-43] [REFERRED TO]
STATE OF U P VS. PRESIDING OFFICER LABOUR COURT II [LAWS(ALL)-2003-3-149] [REFERRED TO]
ADANI GAS LIMITED VS. UNION OF INDIA [LAWS(SC)-2021-9-98] [REFERRED TO]
SOHAN LAL SINGH MISHRI LAL SINGH VS. BASIC EDUCATION BOARD [LAWS(ALL)-2004-1-38] [REFERRED TO]
RAM BHAWAN VS. SAHAYAK ABHIYANTA IVTH LIFT SINCHAI PRAKHAND ALLAHABAD [LAWS(ALL)-2004-8-158] [REFERRED TO]
AYYUB KHAN JABARKHAN VS. PUNDILAL BAXILAL [LAWS(MPH)-1967-7-7] [REFERRED TO]
PAWAN BAWRI VS. STATE OF MEGHALAYA AND ORS. [LAWS(MEGH)-2015-12-6] [REFERRED TO]
ORIENTAL INSURANCE CO LTD VS. PRITAMLAL [LAWS(MPH)-1989-3-43] [REFERRED TO]
RAM NANDAN SHARMA VS. MAYA DEVI [LAWS(PAT)-1974-9-14] [REFERRED TO]
HABIBULLA KHAN VS. STATE OF ORISSA [LAWS(ORI)-1993-5-12] [REFERRED TO]
ANANT H. ULAHALKAR & ANR. VS. CHIEF ELECTION COMMISSIONER AND ORS. [LAWS(BOM)-2016-12-162] [REFERRED TO]
DEBDAS BANERJEE VS. STATE OF WEST BENGAL [LAWS(CAL)-2013-11-60] [REFERRED TO]
KALPANA PAREEK VS. UNION OF INDIA [LAWS(GJH)-2002-7-35] [REFERRED]
HYDERALI VS. STATE OF KERALA [LAWS(KER)-2001-2-23] [REFERRED TO]
REGIONAL DIRECTOR E S I C VS. GOLDEN GATE RESTAURANT [LAWS(BOM)-2001-12-89] [REFERRED TO]
KAMAL AHMAD AND ANR. VS. THE DEPUTY DIRECTOR OF CONSOLIDATION AND ORS. [LAWS(ALL)-1972-7-37] [REFERRED TO]
BLA POWER PVT. LTD. VS. UNION OF INDIA AND ORS. [LAWS(MPH)-2015-10-56] [REFERRED TO]
PANKAJ KUMAR RAI VS. STATE OF MADHYA PRADESH & OTHERS [LAWS(MPH)-2017-10-139] [REFERRED TO]
MUKESH PATIDAR VS. STATE OF M.P. AND OTHERS [LAWS(MPH)-2018-4-252] [REFERRED TO]
MD YEASIN VS. STATE OF WEST BENGAL [LAWS(CAL)-2006-4-46] [REFERRED TO]
YASHBEER SINGH VS. GNCT OF DELHI [LAWS(DLH)-2012-2-494] [REFERRED TO]
SYED MOOSA QUADRI VS. STATE OF A.P. AND OTHERS [LAWS(APH)-1979-8-34] [REFERRED TO]
JAGADESAN VS. STATE OF TAMIL NADU [LAWS(MAD)-2015-2-266] [REFERRED TO]
P. MURUGAN VS. THE REGISTRAR, DEBTS RECOVERY APPELLATE TRIBUNAL, 55, WELLINGTON ESTATE, ETHIRAJ SALAI, IV FLOOR, CHENNAI 600 105 [LAWS(MAD)-2017-1-204] [REFERRED TO]
ANDHRA PRADESH SPINNING MILLS ASSOCIATION VS. ANDHRA PRADESH ELECTRICITY REGULATORY COMMISSION [LAWS(APH)-2014-2-44] [REFERRED TO]
VINJAMURI RAJAGOPALA CHARY AND ORS. VS. PRINCIPAL SECRETARY, REVENUE DEPARTMENT, HYDERABAD AND ORS. [LAWS(APH)-2015-12-17] [REFERRED TO]
VIDYA BHUSHAN SINGH ABHAI VS. BIHAR STATE CO OPERATIVE MILK PRODUCERS FEDERATION LTD [LAWS(PAT)-2004-3-33] [REFERRED TO]
C E S C LIMITED VS. SUBHASH CHANDRABOSE [LAWS(SC)-1991-11-40] [REFERRED TO]
DADI JAGANNADHAM VS. JAMMULU RAMULU [LAWS(SC)-2001-8-160] [REFERRED .]
KASHISH GUPTA VS. CENTRAL BOARD OF SECONDARY EDUCATION [LAWS(KER)-2020-4-54] [REFERRED TO]
VISWAMBARAN VS. SANU [LAWS(KER)-2018-5-71] [REFERRED TO]
TWINKLE RAHUL MANGAONKAR VS. UNION OF INDIA [LAWS(GJH)-2020-11-24] [REFERRED TO]
IQBAL MASUD KHAN VS. DIRECTOR GENERAL [LAWS(GJH)-2014-8-24] [REFERRED TO]
X VS. PRINCIPAL SECRETARY, HEALTH AND FAMILY WELFARE DEPARTMENT, GOVT. OF NCT OF DELHI [LAWS(SC)-2022-9-138] [REFERRED TO]
SURESH KUMAR VS. STATE OF HARYANA [LAWS(SC)-2021-3-74] [REFERRED TO]
PARWATI DEVI VS. SACHCHIDANAND SAN [LAWS(PAT)-1982-11-20] [REFERRED TO]
MAHENDRA KUMAR BHAILAL PATEL VS. OMPRAKASH [LAWS(MPH)-1981-4-25] [REFERRED TO]
ANANT HANUMANT ULAHALKAR AND ANR VS. STATE OF MAHARASHTRA [LAWS(BOM)-2016-12-39] [REFERRED TO]
DILIP NARAYAN CHAUDHARI AND ORS. VS. THE STATE OF MAHARASHTRA AND ORS. [LAWS(BOM)-2015-9-141] [REFERRED TO]
BAJRANG OIL COMPANY VS. STATE OF U.P. [LAWS(ALL)-1991-4-150] [REFERRED TO]
MANAGING COMMITTEE TALABASTA HIGH SCHOOL VS. STATE [LAWS(ORI)-1993-5-4] [REFERRED TO]
JHINKA DEVI VS. STATE OF U.P. [LAWS(ALL)-2022-5-122] [REFERRED TO]
P C JOSE VS. STATE OF KERALA [LAWS(KER)-2006-7-39] [REFERRED TO]
PREM AGGARWAL VS. LALIT FABRICS [LAWS(DLH)-1995-1-81] [REFERRED]
STATE OF MP VS. RAJESH SHARMA [LAWS(MPH)-2017-8-71] [REFERRED TO]
LUDLOW JUTE AND SPECIALITIES LTD VS. STATE OF WEST BENGAL [LAWS(CAL)-2011-4-15] [REFERRED TO]
UNION OF INDIA VS. P JEEVANANDAM [LAWS(APH)-2000-6-42] [REFERRED TO]
N SARADA MANI VS. G ALEXANDER [LAWS(APH)-1997-10-17] [REFERRED TO]
RAJESWARI P VS. J ANASUYAMMA [LAWS(APH)-1998-3-1] [REFERRED TO]
KANURU VENKATAKRISHNA RAO VS. AUTHORISED OFFICER LAND REFORMS BANDAR [LAWS(APH)-1978-3-3] [REFERRED TO]
B SANJIVA RAO VS. REGIONAL JOINT DIRECTOR OF SCHOOL EDUCATION [LAWS(APH)-2000-9-36] [REFERRED TO]
DEBABRATA BASU VS. STATE OF WEST BENGAL [LAWS(CAL)-1980-9-4] [REFERRED TO]
BIPAD TTARAN PATRA VS. STATE OF WEST BENGAL [LAWS(CAL)-1994-8-32] [REFERRED TO]
DIAMOND HARBOUR MUNICIPALITY & ORS. VS. STATE OF WEST BENGAL & ORS. [LAWS(CAL)-1996-6-37] [REFERRED TO]
ASSOCIATION OF SELF FINANCING COLLEGES VS. STATE OF GUJARAT [LAWS(GJH)-2013-8-43] [REFERRED TO]
RAJKUMAR MISHRA VS. GURJEET KAUR BAJWA [LAWS(CHH)-2019-5-75] [REFERRED TO]
HINDUSTAN PETROLEUM CORPORATION LTD. AND ORS. VS. UNION OF INDIA AND ORS. [LAWS(KAR)-2015-10-238] [REFERRED TO]
DALJEET SINGH VS. RAJASTHAN CIVIL SERVICES APPELLATE TRIBUNAL [LAWS(RAJ)-2010-5-12] [REFERRED TO]
MUNICIPAL BOARD RAISINGH NAGAR VS. HARISH CHANDRA JOSHI [LAWS(RAJ)-2002-2-18] [REFERRED TO]
V K GAUR VS. STATE OF RAJASTHAN [LAWS(RAJ)-2010-10-45] [REFERRED TO]
AMODA IRON STEEL LIMITED VS. SNEHA ANLYTICS AND SCIENTIFICS [LAWS(APH)-2022-1-53] [REFERRED TO]
MD.AMMANUALLAH GHOURI VS. GOVERNMENT OF ANDHRA PRADESH [LAWS(APH)-2013-1-11] [REFERRED TO]
HAMEEDIA HARDWARE STORES VS. B MOHAN LAL SOWCAR [LAWS(SC)-1988-3-36] [RELIED ON]
P K UNNI VS. NIRMALA INDUSTRIES [LAWS(SC)-1990-2-38] [RELIED ON]
DIRECTORATE OF ENFORCEMENT VS. DEEPAK MAHAJAN [LAWS(SC)-1994-1-78] [REFERRED TO]
RAYAAN CHAWLA VS. UNIVERSITY OF DELHI [LAWS(DLH)-2020-11-42] [REFERRED TO]
NARAYANDAS DUBEY VS. STATE OF M P [LAWS(MPH)-1983-8-26] [REFERRED TO]
KRISHNA MOHAN SINGH VS. STATE OF U P [LAWS(ALL)-2005-1-151] [REFERRED TO]
KHALIL AHMED SHAIKH MANNU VS. ELECTION COMMISSIONER OF INDIA [LAWS(BOM)-2011-4-8] [REFERRED TO]
ASHABEN VS. STATE OF GUJARAT AND ORS. [LAWS(GJH)-2015-4-52] [REFERRED TO]
BANWARI LAL NAGPAL VS. STATE OF RAJASTHAN [LAWS(RAJ)-1982-11-6] [REFERRED TO]
KAILASH CHANDRA VS. MUKUNDI LAL [LAWS(SC)-2002-1-170] [REFERRED]
K P SINGHAL VS. STATE OF RAJASTHAN [LAWS(RAJ)-1993-2-15] [REFERRED TO]
NIHAL SINGH ETC. VS. THE STATE OF HARYANA ETC. [LAWS(P&H)-1974-9-28] [REFERRED TO]
DHEERENDRA KUMAR AND ANOTHER VS. AUTHORISED OFFICER AADHAR HOUSING FINANACE LTD AND [LAWS(ALL)-2018-4-71] [REFERRED TO]
RENUKA VS. KARNATAKA PRE UNIVERSITY BOARD BANGALORE [LAWS(KAR)-1997-9-12] [REFERRED TO]
K R CHAMAYYA VS. ACCOUNTANT GENERAL FOR KARNATAKA BANGALORE [LAWS(KAR)-1994-8-27] [REFERRED TO]
SUSMITA GAYEN VS. STATE OF WEST BENGAL [LAWS(CAL)-2021-2-32] [REFERRED TO]
STATE BANK OF PATIALA VS. STATE OF H.P. [LAWS(HPH)-1997-5-24] [REFERRED TO]
SHITAL PD PATEL VS. RAJA RAM [LAWS(ALL)-1978-4-43] [REFERRED TO]
S.M. SAJJAD VS. THE CALCUTTA MUNICIPAL CORPORATION [LAWS(CAL)-1995-7-52] [REFERRED TO]
RANJIT BOSE VS. E AND N F RAILWAY CREDIT CO OPERATIVE SOCIETY LTD [LAWS(CAL)-2009-2-92] [REFERRED TO]
PRANAB KUMAR RAY VS. RESERVE BANK OF INDIA [LAWS(CAL)-1992-8-24] [REFERRED TO]
AKILESH LUMANI VS. PRINCIPAL SIR C R REDDY AUTONOMOUS COLLEGE ELURU [LAWS(APH)-2000-7-98] [REFERRED TO]
INDIRA KHER VS. NIRMALA DEVI NATHANI [LAWS(CHH)-2019-8-143] [REFERRED TO]
JANTA SINGH VS. STATE OF PUNJAB [LAWS(P&H)-1995-9-2] [REFERRED TO]
GANGULA NARASIMHA VS. GOVERNMENT OF ANDHRA PRADESH [LAWS(APH)-2012-9-8] [REFERRED TO]
SECRETARY TO GOVERNMENT REVENUE ENDOWMENTS DEPARTMENT ANDHRA PRADESH HYDERABAD VS. SWAMY AYYAPPA COOPERATIVE HOUSING SOCIETIES LIMITED HYDERABAD [LAWS(APH)-2003-10-24] [REFERRED TO]
ANURAG PRIYADARSHI VS. STATE OF J&K [LAWS(J&K)-2009-10-38] [REFERRED TO]
MARY GOMAS VS. VAITUS [LAWS(KER)-2020-11-679] [REFERRED TO]
HARDEV VS. JAIDEV [LAWS(RAJ)-1999-12-15] [REFFERED TO 25]
ISSARDAS K BROTHERS VS. STATE OF RAJASTHAN [LAWS(RAJ)-1980-5-16] [REFERRED]
STATE OF KERALA AND ORS. VS. BIJU RAMESH AND ORS. [LAWS(KER)-2016-4-5] [REFERRED TO]
ALEX ZACHARIA VS. STATE BANK OF INDIA [LAWS(KER)-2016-10-39] [REFERRED TO]
JAGDISH CHAND SAPEHIA VS. STATE OF HIMACHAL PRADESH & OTHERS [LAWS(HPH)-2018-10-104] [REFERRED TO]
JAGPAL SINGH VS. STATE OF M.P. AND OTHERS [LAWS(MPH)-2018-5-334] [REFERRED TO]
ASHWIN ASHOKRAO KAROKAR VS. LAXMIKANT GOVIND JOSHI [LAWS(BOM)-2022-7-38] [REFERRED TO]
Ex.No.6272582 (NK) Govind Singh Bisht VS. Chief Controller,CDA (P),Allahabad& Ors. [LAWS(UTN)-2006-2-7] [REFERRED TO]
KUSUM LATA SHARMA VS. STATE [LAWS(DLH)-2011-9-145] [REFERRED TO]
RATANLAL NAHATA AND VS. NANDITA BOSE [LAWS(CAL)-1998-6-7] [REFERRED TO]
SULTANA BEGUM VS. PREM CHAND JAIN [LAWS(SC)-1996-12-64] [RELIED ON]
SYED MOOSA QUADRI VS. STATE OF ANDHRA PRADESH [LAWS(APH)-1979-3-4] [REFERRED TO]
MOHAN KUMAR SINGHANIA MAHESH D PATHAK NITIN D WAKANKAR NAVNEET GOEL S VENKATESWAR DINESH KUMAR SINGH ROHIT CHOUDHARY ANIL KANT R MANJUNATHASWAMY ARUN KUMAR RAY VS. UNION OF INDIA [LAWS(SC)-1991-9-54] [REFERRED TO]
UNION OF INDIA VS. SANKALGHAND HIMATLAL SHETH [LAWS(SC)-1977-9-4] [CONSIDERED]
BANGALORE WATER SUPPLY AND SEWERAGE BOARD VS. A.RAJAPPA [LAWS(SC)-1978-2-19] [REFERRED TO]
DAYA NAND SAHAY VS. SHIBU SOREN [LAWS(PAT)-2000-5-77] [REFERRED TO]
KALIMAN BIBI VS. STATE OF JHARKHAND [LAWS(JHAR)-2013-4-25] [REFERRED TO]
GURUDEV SINGH RAI VS. AUTHORISED OFFICER CUM ASST CONSERVATOR OF FORESTS [LAWS(ORI)-1992-2-17] [REFERRED TO]
S ARUNACHALAM VS. STATE [LAWS(MAD)-1993-3-42] [REFERRED TO]
ADMINISTRATOR OF SPECIFIED UNDERTAKING OF UNIT TRUST VS. STATE OF GUJARAT [LAWS(GJH)-2006-6-47] [REFERRED TO]
B SHIVALINGAIAH VS. STATE OF KARNATAKA [LAWS(KAR)-1993-11-5] [REFERRED TO]
ALKA SYNTHETICS LIMITED VS. SECURITIES AND EXCHANGE BOARD OF INDIA SEBI [LAWS(GJH)-1997-2-49] [REFERRED]
SHIV KUMAR AGARWALA VS. STATE OF MEGHALAYA [LAWS(MEGH)-2014-7-9] [REFERRED TO]
NASSAR SYIEM JAHNOH VS. KHASI HILLS AUTONOMOUS DISTRICT COUNCIL [LAWS(MEGH)-2014-9-16] [REFERRED TO]
SAHEED CAPT D K KHOLA COLLEGE OF EDUCATION VS. NATIONAL COUNCIL FOR TEACHER EDUCATION [LAWS(DLH)-2011-4-24] [REFERRED TO]
SHAH FARUQ SHABIR VS. GOVINDRAO RAMU VASAVE [LAWS(BOM)-2016-6-143] [REFERRED TO]
SAKET KUMAR VS. STATE OF U P [LAWS(ALL)-2015-5-193] [REFERRED TO]
SARDAR GYAN SINGH PUREWAL VS. STATE OF BIHAR [LAWS(PAT)-1973-12-12] [REFERRED TO]
ZAHIDA NIZAMUDDIN JALAL VS. ABIDALI JAFFERALI SYYED [LAWS(BOM)-2002-9-66] [REFERRED TO]
KISAN SAHKARI CHINI MILLS LTD VS. STATE OF U P [LAWS(ALL)-1987-1-6] [REFERRED TO]
SHAMIM FATIMA VS. THE MANAGER, BAL VIDYALAYA MONTESSORIE SCHOOL, HARDUAGANJ THERMAL POWER STATIONS [LAWS(ALL)-1994-10-106] [REFERRED TO]
MANJIT SINGH BALI VS. CENTRAL BUREAU OF INVESTIGATION [LAWS(BOM)-2010-11-50] [REFERRED TO]
UTPAL KANT BALKRISHNA THAKUR VS. STATE OF GUJARAT [LAWS(GJH)-2013-10-22] [REFERRED TO]
VINJAMURI RAJAGOPALA CHARY AND OTHERS VS. STATE OF ANDHRA PRADESH [LAWS(APH)-2015-12-78] [REFERRED TO]
S P GUPTA V M TARKUNDE J L KALRA IQBAL M CHAGLA MISS LILY THOMAS A RAJAPPA UNION OF INDIA D N PANDEY R PRASAD SINHA VS. UNION OF INDIA [LAWS(SC)-1981-12-23] [REFERRED TO]
COURT ON ITS OWN MOTION VS. UNION OF INDIA [LAWS(TRIP)-2021-6-15] [REFERRED TO]
GOVERNMENT APPROVED TOURIST GUIDE ASSOCIATION VS. STATE OF U P [LAWS(ALL)-2009-2-7] [REFERRED TO]
MUKUND DEWANGAN VS. ORIENTAL INSURANCE COMPANY LIMITED [LAWS(SC)-2017-7-49] [REFERRED TO]
MAHENDRA KUMAR VS. OMPRAKASH AND 2 ORS [LAWS(MPH)-1981-4-10] [REFERRED TO]
VANDANA KANDARI VS. UNIVERSITY OF DELHI [LAWS(DLH)-2010-7-508] [REFERRED]
E KUMAR VS. P JOTHI [LAWS(MAD)-2008-3-183] [REFERRED TO]
P JANAKUMAR VS. G PANDIYARAJ [LAWS(MAD)-2008-9-469] [REFERRED TO]
HARIRAM PAL VS. STATE OF MADHYA PRADESH [LAWS(MPH)-2020-9-182] [REFERRED TO]
A SATHYAPAL VS. YASMIN BANU ANSARI [LAWS(KAR)-2004-2-27] [REFERRED TO]
K DASHARATHA VS. MYSORE CITY MUNICIPAL CORPORATION [LAWS(KAR)-1994-7-8] [REFERRED TO]
GUPTAJEE CHARITABLE TRUST VS. BHARAT CARPETS LTD [LAWS(DLH)-2012-5-5] [REFERRED TO]
YASHDEEP TREXIM VS. BOARD FOR INDUSTRIAL AND FINANCIAL RECONSTRUCTION [LAWS(CAL)-2011-1-33] [REFERRED TO]
NILKANTHA GHOSH VS. STATE OF W.B. & ORS. [LAWS(CAL)-1998-12-38] [REFERRED TO]
THURAKA ONNURAMMA VS. TAHSILDAR KADIRI [LAWS(APH)-1980-8-3] [REFERRED TO]
HAR GOVIND PANT VS. CHANCELLOR UNIVERSITY OF RAJASTHAN [LAWS(RAJ)-1977-11-10] [REFERRED TO]
PADMA BEN BANUSHALI VS. YOGENDRA RATHORE [LAWS(SC)-2006-4-8] [REFERRED TO]
G.S. ANAND VS. STATE OF HARYANA AND OTHERS [LAWS(P&H)-1996-12-121] [REFERRED TO]
NIRMALA BAGODI W/O KANTI BASAVA BAGODIKAR VS. STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY [LAWS(KAR)-2017-12-19] [REFERRED TO]
YASHVARDHAN VERMA VS. BHUNESHWAR DEWANGAN [LAWS(CHH)-2017-7-82] [REFERRED TO]
AMRITLAL ROHLEDAR VS. STATE OF CHHATTISGARH [LAWS(CHH)-2019-6-153] [REFERRED TO]
ROSAMMA JOSEPH VS. STATE OF KERALA [LAWS(KER)-2014-2-45] [REFERRED TO]
COCHIN BLUE METAL INDUSTRIES (P) LTD. VS. THE INTELLIGENCE OFFICER, DEPARTMENT OF COMMERCIAL TAXES AND ORS. [LAWS(KER)-2015-10-35] [REFERRED TO]
BHANWAR LAL SOLANKI (B.L. SOLANKI) VS. STATE OF MADHYA PRADESH [LAWS(MPH)-2016-8-46] [REFERRED TO]
Uttaranchal Forest Development Corporation and another -Petitioner VS. Presiding Officer,Labour Court and another -Respondents [LAWS(UTN)-2003-3-7] [REFERRED TO]
MANNALAL KHETAN VS. KEDAR NATH KHETAM [LAWS(SC)-1976-11-22] [RELIED ON]
AHMEDABAD MUNICIPAL CORPN VS. NILAYBHAI R THAKORE [LAWS(SC)-1999-10-127] [REFERRED TO]
NIRMAL KUMAR SEN VS. LT GOVERNOR [LAWS(CAL)-2010-8-68] [REFERRED TO]
COUNCIL OF ARCHITECTURE VS. ALL INDIA COUNCIL FOR TECHNICAL EDUCATION [LAWS(DLH)-2011-9-21] [REFERRED TO]
PIJUSH KANTI MONDAL VS. STATE OF WEST BENGAL [LAWS(CAL)-1993-3-20] [REFERRED TO]
SATINDRA NATH BISWAS VS. STATE OF WEST BENGAL [LAWS(CAL)-1994-12-9] [REFERRED TO]
PENUGONDA RAJESWARI VS. JALADI ANASUYAMMA [LAWS(APH)-1998-3-72] [REFERRED TO]
B RAMESH VS. UNIVERSITY OF HEALTH SCIENCES VIJAYAWADA [LAWS(APH)-1989-12-15] [REFERRED TO]
SHANKAR PRASAD SAHI VS. STATE OF BIHAR [LAWS(PAT)-1993-5-3] [REFERRED TO]
AKHTAR RIZVI EDUCATIONAL TRUST KAUSHAMBI VS. STATE OF U P [LAWS(ALL)-2006-3-93] [REFERRED TO]
SARDAR SINGH VS. DEPUTY DIRECTOR OF EDUCATION JHANSI DIVISION [LAWS(ALL)-2003-11-177] [REFERRED TO]
FEDERATION OF BANK OF INDIA STAFF UNIONS VS. UNION OF INDIA [LAWS(BOM)-2011-4-133] [REFERRED TO]
ROHITASH KUMAR VS. OM PRAKASH SHARMA [LAWS(SC)-2012-11-9] [REFERRED TO]
DR. K.L. JAURA VS. PANJAB UNIVERSITY, ETC. [LAWS(P&H)-1973-5-22] [REFERRED TO]
SITARAM VS. GHASIRAM [LAWS(RAJ)-1979-12-9] [REFERRED TO]
V.P.JYOLSNA VS. STATE OF KERALA [LAWS(KER)-2020-11-299] [REFERRED TO]
RAMU RAM VS. STATE OF RAJASTHAN [LAWS(RAJ)-1998-4-12] [REFERRED TO]
KANHAIYYALAL VS. BHARTIYA JAGRUTI SHIKSHAN SANSTHA AND ORS. [LAWS(BOM)-2020-10-362] [REFERRED TO]
GEETABEN MANISHKUMAR SHAH VS. STATE OF GUJARAT [LAWS(GJH)-2018-3-70] [REFERRED TO]
SAMIRAN DAS VS. STATE OF ASSAM [LAWS(GAU)-2001-10-17] [REFERRED TO]
MALLAPPA VS. REGR OF COOP SOCIETIES [LAWS(KAR)-1980-1-27] [REFERRED TO]
HINDUSTAN ENGINEERING INSTITUTE CENTRE VS. UNION OF INDIA [LAWS(MAD)-2008-9-107] [REFERRED TO]
KALPATARU POWER TRANSMISSION LTD VS. STATE OF RAJASTHAN; RAJASTHAN RENEWABLE ENERGY CORPORATION LTD; RAJASTHAN STATE GANGANAGAR SUGAR MILLS LTD ; DY GENERAL MANAGER, RAJASTHAN STATE GANGANAGAR SUGAR MILLS LTD; STATE LEVEL EMPOWERED COMMITTEE [LAWS(RAJ)-2016-9-85] [REFERRED]
A. S. L. ENTERPRISES LTD. VS. SENIOR JOINT COMMISSIONER, SALES TAX [LAWS(CAL)-2022-3-61] [REFERRED TO]
KSHETRA MOHAN SARKAR VS. PARAN CHANDRA MANDAL [LAWS(GAU)-1978-4-4] [REFERRED TO]
HALAR UTKARSH SAMITI VS. STATE OF GUJARAT [LAWS(GJH)-2000-8-101] [REFERRED TO]
DEEKSHA PURI VS. STATE OF HARYANA [LAWS(P&H)-2012-10-64] [REFERRED TO]
BALJEET SINGH VS. ELECTION COMMISSION OF INDIA [LAWS(DLH)-2000-10-31] [REFERRED]
ALTAF ISMAIL SHEIKH VS. STATE OF MAHATRASHTRA [LAWS(BOM)-2005-4-113] [REFERRED TO]
OBEROI CONSTRUCTIONS PRIVATE LIMITED VS. STATE OF MAHARASHTRA [LAWS(BOM)-2008-3-40] [REFERRED TO]
BAHADUR NATH VS. STATE OF RAJASTHAN [LAWS(RAJ)-2001-2-89] [REFERRED 31]
COMMISSIONER COMM TAXES RAJ VS. SUPER SYNCOTEX INDIA LTD [LAWS(RAJ)-2002-2-80] [REFERRED TO]
GHASIN BAI VS. KULDEEPAK VERMA [LAWS(CHH)-2017-7-81] [REFERRED TO]
SHAIKH AYESHA KHATOON VS. UNION OF INDIA, THROUGH SECRETARY, MINISTRY OF LAW AND JUSTICE, SHASTRI BHAWAN [LAWS(BOM)-2018-1-185] [REFERRED TO]
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JUDGEMENT

Subba Rao, J. - (1.)This appeal by special leave is directed against the judgment of the High Court of Judicature at Hyderabad dismissing the petition filed by the appellants under Art. 226 of the Constitution to issue a writ of quo warranto against respondents 1 to 10 directing them to exhibit an information as to the authority under which they are functioning as members of the Vicarabad Municipal Committee and to restrain them from selling certain plots of land belonging to the Municipality to third parties. Vicarabad was originally situate in the Part B State of Hyderabad and is now in the State of Andhra Pradesh. The Municipal Committee of Vicarabad was constituted under the Hyderabad Municipal and Town Committees Act (XXVII of 1951). In the year 1953 respondents 1 to 10 were elected, and five others, who are not parties before us, were nominated, to that Committee. On November 27, 1953, the Rajpramukh of the State Hyderabad published a notification under the relevant Acts in the Hyderabad Government Gazette Extraordinary notifying the above persons as members of the said Committee. Presumably with a view to democratize the local institutions in that part of the country and to bring them on a par with those prevailing in the neighbouring States, the Hyderabad District Municipalities Act, 1956 (XVIII of 1956), (hereinafter referred to as the Act), was passed by the Hyderabad Legislature and it received the assent of the President on August 9, 1956. Under S. 320 of the Act the Hyderabad Municipal and Town Committees Act, 1951 (XXVII of 1951) and other connected Acts were repealed. As a transitory measure, under the same section any Committee constituted under the enactment so repealed was deemed to have been constituted under the Act and the members of the said Committee were to continue to hold office till the first meeting of the Committee was called under S. 35 of the Act. Under that provision respondents 1 to 10 and the five nominated members continued to function as members of the Municipal Committee. In or about the year 1958 the said Committee acquired land measuring acres 15-7 guntas described as "Varad Raja Omar Bagh" for Rs. 18,000 for the purpose of establishing a grain market (gunj). For one reason or other, the Municipal Committee was not in a position to construct the grain market and run it departmentally. The Committee, therefore, after taking the permission of the Government, resolved by a requisite majority to sell the said land to third parties with a condition that the vendee or vendees should construct a building or buildings for running a grain market. Thereafter the Committee sold the land in different plots to third parties; but the sale deeds were not executed in view of the interim order made in the writ petition by the High Court and subsequently in the appeal by this Court.
(2.)In the writ petition the appellants contended, inter alia, that the respondents ceased to be members of the Municipal Committee on the expiry of three years from the date the new Act came into force and that, therefore, they had no right to sell the land, and that, in any view, the sale made by the Committee of the property acquired for the purpose of constructing a market was ultra vires the provisions of the Act. The respondents contested the petition on various grounds. The learned Judges of the High Court dismissed the petition with costs for the following reasons:
1. The old Committee will continue to function till a new Committee comes into existence.

2. "Section 76 contemplates that property vested in it under Ss. 72(f), 73 and 74 should be transferred only to Government. Here, the transfer is not in favour of the Government. That apart we are told that in this case sanction of the Government was obtained at every stage. It cannot be predicated that the purpose for which the properties are being disposed of is not for a public purpose. It is not disputed that the properties are being sold only to persons who are required to build grain market."

3. The act now opposed is not in any way in conflict with the provisions of Ss. 244, 245 and 247.

4. "It looks to us that the petitioners lack in bona fides and that this petition is not conceived in the interests of the public." The present appeal, as aforesaid, was filed by special leave granted by this Court.

(3.)Mr. P. A. Chowdury, learned counsel for the appellants, canvassed the correctness of the findings of the High Court. His first argument may be summarized thus:Under S. 320 of the Act any Committee constituted under the repealed enactment shall be deemed to have been constituted under the Act and the members of the said Committee shall continue to hold office till the first meeting of the Committee is called under S. 35 of the Act. Under S. 35 of the Act, the first meeting of the Committee shall not be held on a date prior to the date on which the term of the outgoing members expires under S. 34. Section 34 of the Act provides that the members shall hold office for a term of three years. Therefore, the term of the members of the Committee deemed to have been constituted under S. 320 is three years from the date on which the Act came into force. If the term fixed under S. 34 does not apply to the members of the said Committee, the result will be that the said members will continue to hold office indefinitely, for the first meeting of the Committee could not be legally convened under the Act as S. 16 which enables the Collector to do so imposes a duty on him to hold a general election within three months before the expiry of the term of office of the members of the Committee as specified in S. 34. and, as no definite term has been prescribed for the members of the Committee under S. 320, the election machinery fails, with the result that the members of the "deemed" Committee would continue to be members of the said Committee indefinitely. On this interpretation learned counsel contends that the section would be void for the following reasons:(1) S. 320(1)(a) of the Act would be ultra vires the powers of the State Legislature under Art. 246 of the Constitution, read with entry 5, List II, VII Schedule; (2) the said section deprives the appellants of the right to equality and equal protection of the laws guaranteed under Art. 14 of the Constitution; (3) S. 320 would be void also as inconsistent with the entire scheme of the provisions of the Act.
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