Shr1 Radeshyam Khare & Another vs The State Of Madhya Pradesh & Others on 30 September, 1958
(d) Radheshyam Khare & Anr. vs. The State of Madhya Pradesh AIR 1959 SC 107, was referred to, to point out that the proposition laid down in the Mayor & C. of Westminister vs. London & North Western Railway Co. (supra) was approved by the Supreme Court. If the statute gives to the State Government powers under its various provisions and the State Government chooses in its discretion to use one rather than the other, it was beyond the power of any Court to contest that discretion unless a case of abuse was made out.