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.