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october 1962

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.

ROOP CHAND vs STATE OF PUNJAB · Niyam