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1978 Supreme(SC) 52

P. N. BHAGWATI, V. R. KRISHNA IYER, V. D. TULZAPURKAR, P. N. SHINGHAL, M. H. BEG, JASWANT SINGH, S. MURTAZA FAZAL ALI
State Of Maharashtra – Appellant
Versus
Man Singhsuraj Singh Padvi – Respondent


Advocates:
A.K.GANGULY, A.R.ANTULE, B.R.AGRAWAL, H.R.GOKHALE, M.N.SHROFF, P.B.AGRAWAL, P.P.Rao, R.P.BHATT, T.V.S.N.Chari, V.N.GANPULE

JUDGMENT

BHAGWATI, J.: —This appeal by certificate is directed against a judgment of a Division Bench of the Bombay High Court invalidating a notification dated 24th February, 1962 issued by the Governor of Maharashtra in exercise of the power conferred under Sub-Para (1) of para 5 of the Fifth Schedule to the Constitution and the West Khandesh Mehwassi Estates (Proprietary Rights Abolition etc.) Regulation, 1961 issued by the Governor of Maharashtra under Sub-Para (2) of Para 5 of the Fifth Schedule to the Constitution after obtaining the assent of the President. These two legislative measures were struck down by the High Court on the ground that they violated the fundamental right of the 1st respondent under Article 19 (1) (f) of the Constitution. The question whether there was any infringement of the fundamental right of the 1st respondent under Article 19 (1) (f) as a result of these two legislative measures would have raised a highly debatable issue, but it is unnecessary to consider it in this appeal since, subsequent to the judgment of the High Court, the West Khandesh Mehwassi Estate (Proprietary Rights Abolition etc.) Regulation, 1961 has been included as Item No. 155 in t







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