9911796707
TMI Blog2007 (5) TMI 559X X X X Extracts X X X X X X X X Extracts X X X X ..... 226 of the Constitution of India which had been transferred to the Tribunal after constitution of the same under the provisions of the West Bengal Land Reforms and Tenancy Tribunal Act. 2. Being dissatisfied, the writ petitioner has come up with the present writ application under Article 226/227 of the Constitution of India. 3. Dr. Mondal, the learned Advocate appearing on behalf of the writ petitioner has raised a pure question of law in support of this application. 4. According to Dr. Mondal, a Division Bench of this Court in the case of Paschim Banga Rajya Bhumijibi Sangha v. State of West Bengal reported in 1996(2) CLJ 285 having specifically declared the provision contained in Section 14V vis-a-vis the definition of land as containe ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ench of this Court declaring a statutory provision as ultra vires the Constitution of India as an interim measure imposing further conditions in those cases, whether a citizen who is not a party to the previous litigation can be deprived of the benefit of the doctrine of precedent in resisting the action of the State on the ground that it could not invoke the ultra vires provision of the Statute against him. 8. Before entering into such question, we propose to take notice of the actual orders of stay passed by the Apex Court. 9. It appears from the order dated March 20, 1998 that the order of the Division Bench of the High Court was stayed subject to the order of status quo regarding possession on spot should be maintained by both the par ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... which were the subject-matters before the Apex Court. Such interim order is binding upon the parties to the proceedings but the law is equally settled that by mere passing of an interim order staying the operation of a judgment with certain further conditions, the existence of the said judgment is not wiped out and at the same time, for such interim orders inter parties, the authority of a decision as a precedent is never undermined. Unless a decision is set aside by the Superior Court, the said decision remains binding as a precedent though may not be binding upon the parties to the proceedings where the Superior Court has granted interim order. Moreover, once a provision has been declared ultra vires the Constitution of India, the State c ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 2 and 434/2003 referred to above do not lay down any principle of law of invariable nature to be universally applied. Furthermore, disposal of SLP against a judgment of the High Court does not mean that the said judgment is affirmed by such dismissal. The order passed in any SLP at threshold without detailed reasons does not constitute any declaration of law or constitute a binding precedent. [See Union of India and Ors. v. Jaipal Singh 2003(7) Supreme 676]. This Court cannot and does not reverse or modify the decree or order appealed against while deciding the petition for special leave to appeal and that too when the SLP was being dismissed. What is impugned before this Court can be reversed or modified only after granting leave and then ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... pellate authority would be restored and it can be said to be pending before the appellate authority after the quashing of the order of the appellate authority. The same cannot be said with regard to an order staying the operation of the order of the appellate authority because in spite of the said order, the order of the appellate authority continues to exist in law and so long as it exists, it cannot be said that the appeal which has been disposed of by the said order has not been disposed of and is still pending. We are, therefore, of the opinion that the passing of the interim order dated February 21, 1991 by the Delhi High Court staying the operation of the order of the appellate authority dated January 7, 1991 does not have the effect ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
