Supreme Court of India · 1950-09-15
PROVINCE OF BOMBAY vs KUSALDAS S. ADVANI AND OTHERS
- Citation / case number
- SC 1949/11
- Court
- Supreme Court of India
- Petitioner
- PROVINCE OF BOMBAY
- Respondent
- KUSALDAS S. ADVANI AND OTHERS
- Bench
- KANIA, HIRALAL J. (CJ)
Judgment text excerpt
The Supreme Court held that a writ of certiorari is not applicable to orders that are administrative in nature, as established under Section 3 of the Bombay Land Requisition Ordinance (V of 1947). The Court found that the requisitioning of land by the Provincial Government was an administrative act, not a judicial or quasi-judicial decision, thus the Bombay High Court lacked jurisdiction to issue the writ. The decision was affirmed by a majority, with dissenting opinions from two judges.