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Showing contexts for: function of functionary in Baban Chaubey And Ors. vs State Of Bihar And Ors. on 17 February, 1989Matching Fragments
Reference in this connection may be made to R. S. Dass v. Union of India and Ors. 1986 (Supp) SCC 617. In this view of the matter it must be held that the impugned provisions are not unconstitutional.
49. Re : Question No. 3. It is now well settled that the statutory functionary must function within the four corners of the statutes. From a perusal of Annexures-2 and 3, it is evident that the District Magistrate purported to grant settlement in favour of the respondent No. 5, pursuant to or in furtherance of the direction of the State Government. The same was clearly beyond the authority of the State. This aspect of the matter in no longer res integra, as the same is covered by various decisions of the Supreme Court as also of this Court, and other High Courts.