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may 1981

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.

DIVISIONAL FOREST OFFICER vs BISHWANATH TEA CO. LTD. · Niyam