Supreme Court of India · 2014-04-09
NAGAR PALIKA PARISHAD, MIHONA vs RAMNATH
- Citation / case number
- SC 2012/22753
- Court
- Supreme Court of India
- Petitioner
- NAGAR PALIKA PARISHAD, MIHONA
- Respondent
- RAMNATH
- Author
- SUDHANSU JYOTI MUKHOPADHAYA
- Bench
- V. GOPALA GOWDA SUDHANSU JYOTI MUKHOPADHAYA
Judgment text excerpt
The Supreme Court upheld the High Court's dismissal of the appellant's second appeal, affirming that the suit filed by the respondent was maintainable despite the appellant's claim of non-compliance with Section 319 of the M.P. Municipalities Act, 1961. The Court clarified that a notice under Section 319 is not a prerequisite for filing a suit for permanent injunction. The ruling established that the statutory requirement of notice does not apply in cases seeking injunctions against public authorities acting in their official capacity.