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Supreme Court of India 2017-03-28 allowed

State of Bihar and others vs Maheshwar Mandal and others

Bench: 2 — <UNKNOWN>, <UNKNOWN>

In Brief

In this civil appeal, the Supreme Court examined a High Court order that had quashed decisions of the Deputy Collector and Divisional Commissioner under the Bihar Land Disputes Resolution Act, 2009. The respondents had filed a writ petition seeking quashing of those orders and restraining disturbance of their land possession, but did not challenge the constitutional validity of the Act itself. The Court held that without proper pleadings challenging a statute's constitutionality, courts cannot declare it unconstitutional merely because arguments were advanced during hearing. The High Court's decision was unsustainable, and the appeals were allowed with the matter remanded for fresh decision in accordance with law.

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