BOKARO AND RAMGUR LTD. versus THE STATE OF BIHAR AND ANOTHER

BOKARO AND RAMGUR LTD. versus THE STATE OF BIHAR AND ANOTHER

A claim under Article 32 alleging infringement of fundamental right to property can only arise after the petitioner's title is established; where the title itself is in dispute and under statutory adjudication, fundamental rights are not immediately invocable until such determination is made.

Parties
Petitioner: Bokaro and Ramgur Ltd.; Respondent: The State of Bihar and Another
Jurisdiction
India
Judgment Date
14 March 1962
Procedural Posture
Writ Petition Under Article 32 of the Constitution of India / Final Disposition by Supreme Court
Outcome
Petition dismissed with costs.
Legal Topics
Fundamental Rights, Right to Property, Writ Jurisdiction, Title Adjudication
Constitutional Law Property Law Fundamental Rights Right to Property Writ Jurisdiction Title Adjudication

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Parties

Bokaro and Ramgur Ltd.

Petitioner

The State of Bihar and Another

Respondent

Procedural Posture

Writ Petition Under Article 32 of the Constitution of India / Final Disposition by Supreme Court

Legal Issues

  1. 1 Whether the petitioner can claim infringement of fundamental right to property under Articles 19(1)(f) and 31(1) when title to the property is itself the subject of adjudication under legally constituted proceedings

Ratio Decidendi

A claim under Article 32 alleging infringement of fundamental right to property can only arise after the petitioner's title is established; where the title itself is in dispute and under statutory adjudication, fundamental rights are not immediately invocable until such determination is made.

Court Disposition

Petition dismissed with costs.

Orders

  • The writ petition is dismissed as misconceived as it does not involve any question of infringement of fundamental right.
  • Petitioner to pay costs.