Supreme Court of India · 1981-05-05
DIVISIONAL FOREST OFFICER vs BISHWANATH TEA CO. LTD.
- Citation / case number
- SC 1970/60317
- Court
- Supreme Court of India
- Petitioner
- DIVISIONAL FOREST OFFICER
- Respondent
- BISHWANATH TEA CO. LTD.
- Author
- D.A. DESAI
- Bench
- D.A. DESAI
Judgment text excerpt
The Supreme Court held that a writ petition under Article 226 is not maintainable for a juristic person like a company claiming infringement of fundamental rights under Article 19(1)(g), as such rights are guaranteed only to citizens. The Court emphasized that the rights claimed by the respondent company stemmed from a contractual lease, which cannot be enforced through writ jurisdiction. The appeal was allowed, overturning the Assam High Court's decision that had favored the company.