Supreme Court of India · 1962-10-10
ROOP CHAND vs STATE OF PUNJAB
- Citation / case number
- SC 1957/60175
- Court
- Supreme Court of India
- Petitioner
- ROOP CHAND
- Respondent
- STATE OF PUNJAB
- Author
- DAS, S.K.,KAPURL.,SARKAR, A.K.,HIDAYATULLAH, M.,DAYAL, RAGHUBAR
- Bench
- DAS, S.K.,KAPUR, J.L.,SARKAR, A.K.,HIDAYATULLAH, M.,DAYAL, RAGHUBAR
Judgment text excerpt
The Supreme Court held that under Section 42 of the East Punjab Holdings (Consolidation and Prevention of Fragmentation) Act, 1948, the State Government cannot interfere with an order made by an officer exercising delegated powers under Section 41(1). The Court found that the impugned order violated the petitioner's fundamental rights, as it deprived him of his property, specifically plots Nos. 635 and 636. The judgment clarified that orders made by officers under delegated authority are not subject to revision by the State Government, establishing a significant principle regarding the limits of governmental power in administrative decisions.