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1984 Supreme(SC) 184

D.A.DESAI, V.BALAKRISHNA ERADI
State Of U. P. – Appellant
Versus
Bhupat – Respondent


Advocates:
E.C.AGARWAL, Shabha Dikshit

JUDGMENT

This appeal arises from a judgment rendered by learned Single Judge of the Allahabad High Court in Writ Petition No. 1947 of 1968. In the writ petition, constitutional validity of U. P. Public Land (Eviction and Recovery of Rent and Damages) Act XIII of 1959 (U. P. Act for short) was questioned. The learned Judge following the decision of the Full Bench of the same High Court in Raja Ram Verma v. State 1968 All LJ 595 held that the provisions of the impugned Act were violative of Art. 14 because it denied equality before law and was thus ultra vires the Constitution. Against the judgment of the High Court the State of U. P. has preferred this appeal by certificate.

2. Much water has flown across the Yamuna since the decision of the Allahabad High Court. In Maganlal Chhaganlal (P) Ltd. v. Municipal Corpn. of Greater Bombay (1975) 1 SCR 1. Constitution Bench of seven Judges of this Court upheld the validity of various provisions of the Bombay Municipal Corporation Act 1888 which provided a different and a summary procedure for eviction from municipal premises. The impugned statute provided a different procedure and forum for recovering possession of the premises governed by



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