The High Court, in our considered view, has totally misconstrued the issues ignoring the fact that there is a delegation of power to the first appellant.... - Supreme Court of India

Title of the Case: THE STATE OF RAJASTHAN & ORS. Vs. SHARWAN KUMAR KUMAWAT ETC. ETC

Head Notes: Appellants seek to overturn the decision of the Division Bench of the Rajasthan High Court- Discussion - Legal Malice- Law is quite settled that basis of a judgment can be removed and a decision of the court cannot be treated like a statute, particularly when power is available to act and it is accordingly exercised in public interest - Legitimate Expectation -Legitimate expectation is a weak and sober right as ordained by a statute- Vested Right - It is far too settled that there is no right vested over an application made which is pending seeking lease of a Government land or over the minerals beneath the soil in any type of land over which the Government has a vested right and regulatory control. In other words, a mere filing of an application ipso facto  does not create any right.

Court: Honourable Supreme Court of India

Judges: Honourable Justice A.S.BOPANNA & M.M.SUNDRESH

Date of Disposal : 01/08/2023

Citation/Case law