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march 1962

Supreme Court of India · 1962-03-28

THE COLLECTOR OF MONGHYR AND OTHERS vs KESHAV PRASAD GOENKA AND OTHERS(And connected appeals)

Citation / case number
SC 1960/127
Court
Supreme Court of India
Petitioner
THE COLLECTOR OF MONGHYR AND OTHERS
Respondent
KESHAV PRASAD GOENKA AND OTHERS(And connected appeals)
Bench
SINHA, BHUVNESHWAR P.(CJ),SUBBARAO, K.,AYYANGAR, N. RAJAGOPALA,MUDHOLKAR, J.R.,AIYYAR, T.L. VENKATARAMA

Judgment text excerpt

The Supreme Court ruled that the requirement for the Collector to record reasons under Section 5A of the Bihar Private Irrigation Works Act, 1922 is mandatory. The Court held that the Collector's failure to comply with this requirement rendered his order null and void, thus invalidating the subsequent demand for costs from the landlord under Section 11. The Court affirmed the landlord's right to seek relief under Article 226 of the Constitution due to the lack of jurisdiction in the Collector's order.

THE COLLECTOR OF MONGHYR AND OTHERS vs KESHAV PRASAD GOENKA AND OTHERS(And connected appeals) · Niyam