J.CHELAMESWAR, A.K.SIKRI
K. K. Saksena – Appellant
Versus
International Commission on Irrigation and Drainage – Respondent
Judgment :
A.K. Sikri, J.
1. Leave granted.
2. By the impugned judgment dated April 25, 2011 passed by the High Court of Delhi in LPA No. 554 of 2006, the High Court has held that the writ petition against Respondent No. 1, namely, International Commission on Irrigation and Drainage (for short, 'ICID'), Under Article 226 of the Constitution is not maintainable as it is not a 'State' Under Article 12 of the Constitution. It has also held that its actions or not amenable for judicial review Under Article 226of the Constitution, either. It resulted in dismissal of the said intra-court appeal, which was filed challenging the judgment of the learned Single Judge rendered in the writ petition filed by the Appellant taking the same view. The Appellant even filed review petition seeking review of the judgment dated April 25, 2011, which met the same fate as the said review petition was dismissed by the High Court by orders dated August 05, 2011.
3. From the aforesaid, it is apparent that the issue agitated before us pertains to the maintainability of the writ petition Under Article 226 of the Constitution of India against the Respondents herein. This has arisen in the following circumstances:
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