AIR 1962 SUPREME COURT 996

Supreme Court Of India

(From Hyderabad : AIR 1953 Hyd. 21)

Hon'ble Judge(s): B. P. Sinha, P. B. Gajendragadkar, K. N. Wanchoo, M. Hidayatullah, J. C. Shah , JJJ

(A) Constitution of India , Art.14— Special legislation for validating orders passed @page-SC997by Executive Authorities during period of unusual significance - Denial of right to establish claim in Civil Court - No contravention of Art. 14 - Hyderabad Atiyat Enquiries Act (10 of 1952), S. 13(2) - Constitutionally valid. Hyderabad Atiyat Enquiries Act (10 of 1952) , S.13(2)— The result of S. 13 (2), Hyderabad Atiyat Enquiries Act, 10 of 1952, is to validate the orders of the authorities therein specified which have been passed between September 18, 1948, and March 14, 1952. The first date refers to the commencement of the Police action and the latter to type commencement of the operation of type Act. The object of the Legislature clearly, is to validate orders passed between the said two dates, so that the questions determined by the relevant orders should not be reopened for enquiry either before the Atiyat courts or before the Civil Courts. Between the commencement of the Police action and the passing of the Act events of historical importance took place in the State of Hyderabad and so treating that period as of unusual significance is not open to any criticism. Therefore, if the Legislature chose to deal with the orders passed during this period as constituting a class by themselves, that it self cannot be said to contravene Art. 14 of the....