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1958 Supreme(Bom) 110

M.C.CHAGLA, B.N.GOKHALE, G.B.BADKAS
Dr. Surjuprasad Gumasta and another – Appellant
Versus
State of Madhya Pradesh and others – Respondent


JYUDGMENT - M. C. CHAGLA C. J.:

A very interesting question arises with regard to the proper construction of S. 59 of the States Reorganisation Act, and the question arises under the following circumstances. A petition was filed by one Surjuprasad Gumashta against the State of Madhya Pradesh alleging that he had been wrong fully dismissed, and this petition was presented be fore the Nagpur High Court and the petition was admitted by that High Court. Then came the States Reorganisation Act and this petition was transferred to the Bombay High Court under sub-s. (2) of S. 59. The petition now comes before the Bombay High Court for final disposal and the question that arises is whether this High Court has jurisdiction to issue a writ against the State of Madhya Pradesh. We are only dealing with this petition to the extent that the complaint made is that the dismissal is by the State of Madhya Pradesh and that the State of Madhya Pradesh is liable to reinstate the petitioner in its service.

(2) Now, the scheme of S. 59 is this that the Legis lature had to deal with the situation that arose by reason of the fact that the old Nagpur High Court ceased to function, that it became the High Cou













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