Supreme Court of India · 2003-09-09
Saligram Khirwal vs Union Of India
- Court
- Supreme Court of India
- Petitioner
- Saligram Khirwal
- Respondent
- Union Of India
- Bench
- R.C. Lahoti, Ashok Bhan
Judgment text excerpt
The Supreme Court addressed the issue of whether the right to sue survives after the death of a party in a writ petition concerning the grant of a mining lease under the Mines and Minerals (Regulation and Development) Act, 1957. The Court held that the right to sue does survive to the legal representatives of the deceased party, allowing the High Court's decision to set aside the mining lease granted to the appellant. The Court emphasized that the status and entitlement of the parties should be adjudicated based on the circumstances at the time of the original applications in 1978, affirming the High Court's ruling.