Y. V. CHANDRACHUD, A. D. KOSHAL, N. L. UNTWALIA, P. N. SHINGHAL, V. R. KRISHNA IYER
Hasinuddin Khan: Ram Pyare – Appellant
Versus
Deputy Director Of Consolidation: Deputy Director Of Consolidation, Lucknow – Respondent
Y.V. CHANDRACHUD, CJI.
(1) -IN view of the judgments of this court in (1) State of Bombay v. Narottamdas Jothabai (2) Union of India v. Mohindra Supply Compan) and (3) Ram Adhar Singh v. Ramroop) Singh and in view of the fact that the special leave petition filed against the judgment rendered by the High court of Allahabad, upholding the validity of the 1962 Act was dismissed by the Constitution bench of this court after an elaborate argument, there is no substance in the contention that either the U. P. High court (Abolition of Letters Patent Appeals) Act, 1962 or the U. P. High court (Abolition of Letters Patent Appeals) (Amendment) Act 33 of 1972 is unconstitutional. The challenge to these Acts on the ground of their unconstitutionalty is, therefore, rejected. Learned counsel appearing on behalf of the appellants have very fairly conceded that position. Accordingly, the Civil and the special leave petition are dismissed. There will be no order as to costis
(2) HOWEVER, the appellants may, if so advised, ask for special leave to appeal from the judgment of the learned single Judge. We are sure that the delay caused in filing the Special Leave Petition in this court
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