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september 1969

Supreme Court of India · 1969-09-03

MD. HANIF vs THE STATE OF ASSAM

Citation / case number
SC 1966/60290
Court
Supreme Court of India
Petitioner
MD. HANIF
Respondent
THE STATE OF ASSAM

Judgment text excerpt

The Supreme Court held that the High Court's dismissal of the appellant's petition under Article 226 was erroneous, as it involved significant constitutional issues rather than mere private rights. The Court emphasized that Article 226 provides a remedy against violations of citizens' rights by the State or statutory authorities, thus allowing the appellant to challenge the resumption of land leased by the British Crown. The Court set aside the High Court's judgment, affirming that the jurisdiction under Article 226 is meant to ensure adherence to the law and protect public law rights.

MD. HANIF vs THE STATE OF ASSAM · Niyam