Rajasthan High Court - Jodhpur
Gopal Singh vs State Of Rajastahn & Anr on 8 April, 2010
Author: Gopal Krishan Vyas
Bench: Gopal Krishan Vyas
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D.B. CIVIL WRIT PETITION NO.4572/1998
Date of Order :: 08.04.2010
HON'BLE MR. JUSTICE A.M. KAPADIA
HON'BLE MR. JUSTICE GOPAL KRISHAN VYAS Mr.M.C. Bhoot, for the petitioner.
Mr.G.L. Bafna, Advocate General.
At the commencement of hearing, learned Advocate General Mr.G.L. Bafna, invited our attention towards entry No.79 of IX Schedule of Constitution of India, so also, Article 31-B of the Constitution of India and prayed that in view of the fact that the Rajasthan Imposition of Ceiling on Agricultural Holdings Act, 1973 is in the IX Schedule and cannot be challenged in view of the embargo imposed under Article 31-B of the Constitution of India, therefore, this writ petition is not maintainable. Further, it is also submitted that if any challenge is made to the provisions of any Act, then Union of India is required to be impleaded as party. But in this writ petition Union of India has not been impleaded as party, therefore, this writ petition is not maintainable.
Learned counsel appearing on behalf of petitioner submits that this objection was not raised at the time of filing reply, therefore, some time may be granted to argue on the preliminary objections raised by the learned Advocate General with regard to maintainability of the writ petition.
List this matter on 15th April, 2010.
(GOPAL KRISHAN VYAS), J. (A.M. KAPADIA), J.
A.K. Chouhan/-