R.S.PATHAK, SABYASACHI MUKHARJEE, V.D.TULZAPURKAR
State Of H. P. – Appellant
Versus
Umed Ram Sharma – Respondent
JUDGMENT
SABYASACHI MUKHARJI, J.:— From one angle in this case there is much ado about nothing, from another point of view there is a great deal than that meets the eye. It is better, however, to proceed to deal with the matter as far as eye can see without telescope but also without blinkers. The facts are few - the issues in controversy are fewer still - the directions given by the High Court in this case which are under challenge are brief but their consequences are of some relevance and importance on the. question of ambit of judicial power over administrative inaction. To the facts first, therefore, in imitation of the inimitable style of Lord Denning. This petition for special leave to appeal under Art. 136 of the Constitution is directed against the order of the Division Bench of the High Court of Himachal Pradesh dated 20th August, 1984. Respondents 1 to 15 herein, who claimed to be poor and mostly Harijans and are residents of villages Bhainkhal, Baladi and Bhukho, Tehsil and district Simla in Himachal Pradesh, addressed a letter on or about 4th June, 1984 to the Honble Chief Justice of the said High Court, complaining, inter alia, that (i) in 1972, the State Government ha
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