AIR 1956 VINDHYA PRADESH 1

Vindhya Pradesh Judicial Commissioner's Court

Hon'ble Judge(s): Jagat Narayan , J

(A) Constitution of India , Art.1, Art.239, Art.298, Art.360— State of Vindhya Pradesh is a legal entity capable of suing and being sued. Government of Part C States Act (49 of 1951) , S.28(3), S.38(2), S.39— Under Art. 239 a State specified in Part C is administered by the President through a Lieut. Governor, or a Chief Commissioner. That however does not have the effect of reducing it to a mere administrative unit of the Central Government. These States are also component units of the Indian Union like Part A and Part B States.(Para 4) The State of Vindhya Pradesh is a State forming an independent unit of India, which is competent to enter into contracts and to hold property and it is a legal entity capable of suing and being sued. The State has its territory, its people and its government. It has a Legislature, a judiciary and an executive. It is a State forming a component unit of the Indian Union and is not merely an administrative unit.(Para 4 14) Under S. 38(2), Government of Part C States Act (No. 49 of 1951) all executive action of a Part C State shall be expressed to be taken In the name of the Lieut. Governor or Chief Commissioner. The executive power of the State necessarily extends to the grant, sale, disposition, or mortgage of any property held fo....