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1987 Supreme(SC) 910

S.RANGANATHAN, SABYASACHI MUKHARJEE
Sant Lal Bharti – Appellant
Versus
State Of Punjab – Respondent


Advocates:
Bagga S.Bagga, R.S.Suri

Judgement

SABYASACHI MUKHARJI, J. :- This appeal by special leave is directed against the judgment and order of the High Court of Punjab and Haryana dt. 3rd Mar., 1986, dismissing the Writ Petition in limine under Arts. 226 and 227 of the Constitution filed by the appellant before the High Court. The appellant states that he is the owner of certain premises in Punjab. It must, however, be mentioned that the petition is lacking in particulars as to what premises the appellant owned and in respect of which premises the appellant is making the grievances. On this ground it is not possible to decide the question of vires canvassed before the High Court and repeated before us. A petition challenging the constitutional validity of certain provisions must be in the context of certain facts and not in abstract or vacuum. The essential facts necessary to examine the validity of the Act are lacking in this appeal. On this ground the petition was rightly rejected and we are not inclined to interfere with the order of the High Court on this ground alone. Be that as it may as the question of vires of S. 4 of the East Punjab Urban Rent Restriction Act, 1949, hereinafter called the Act, was challe











































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