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april 1961

Supreme Court of India · 1961-04-19

BISHAN DAS AND OTHERS vs THE STATE OF PUNJAB AND OTHERS

Citation / case number
SC 1960/40
Court
Supreme Court of India
Petitioner
BISHAN DAS AND OTHERS
Respondent
THE STATE OF PUNJAB AND OTHERS
Bench
SINHA, BHUVNESHWAR P.(CJ),DAS, S.K.,SARKAR, A.K.,AYYANGAR, N. RAJAGOPALA,MUDHOLKAR, J.R.

Judgment text excerpt

The Supreme Court held that the eviction of the petitioners from the dharmasala, built on government land with permission, violated their fundamental rights under Articles 14, 19, and 31 of the Constitution. The Court ruled that the petitioners, being bona fide in possession, could not be treated as trespassers and could only be evicted through appropriate legal action. The executive action taken was deemed unconstitutional and discriminatory, undermining the rule of law.

BISHAN DAS AND OTHERS vs THE STATE OF PUNJAB AND OTHERS · Niyam