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2001 Supreme(SC) 129

A.P.MISRA, D.P.MOHAPATRA
Krishna S/o Bulaji Borate – Appellant
Versus
State Of Maharashtra – Respondent


JUDGMENT

Misra, J.-Leave granted.

2. This appeal raises the following question:

"Whether Section 6 of the Nagpur Improvement Trust Act, 1936 (hereinafter referred to as the Act) confers power on the State Government independent of the power of State Government under Section 10, to remove the Trustees appointed under Section 4(1)(e) at the pleasure of the Government even before the Trustee concerned completes a period of five years."

3. This appeal is directed against the judgment and order of the High Court which dismissed the appellant s writ petition challenging the order dated 9.2.2000 passed by the State Government (respondent No.1), removing the appellant from the trust (respondent No. 2) created under the aforesaid Act. The Preamble of the Act suggests, the Act was brought on the statute book to provide for the improvement and expansion of the town of Nagpur. The second respondent-trust was created under Section 3 of the said Act. Section 4 provides that the trust shall consist of nine Trustees of which one shall be the Chairman. Out of nine such Trustees four persons are appointed including the Chairman by the State Government under sub-section (2) of Section 4 and out of the





































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