AIR 1989 SUPREME COURT 206 ::1988 MCC 128 ::1988 (4) SCC 200 ::1988 27 STL 1 ::1988 22 Reports 568 ::(1988) 3 SCJ 208 ::1988 3 SCJ 208 ::(1988) 3 JT 470 (SC) ::1988 30 JT 470

Supreme Court Of India

(From : Punjab and Haryana)*

Hon'ble Judge(s): S. Natarajan, S. Ranganathan , JJ

(A) Constitution of India , Art.226, Art.133— Locus standi - Notification by Government discontinuing certain area to be 'notified area' - Appeal in Supreme Court against decision in writ petition and writ appeal sustaining challenge of notified area committee members to notification filed by authorities under Punjab Municipal Act - Cannot be dismissed as infructuous on ground that those members ceased to be members of committee. Punjab Municipal Act (3 of 1911) , S.241, S.244— Where the Government issued a notification declaring certain area to be notified area under the Punjab Municipal Act and subsequently issued another notification cancelling the earlier notification, and a writ petition filed by the members of the notified area committee impugning the notification was allowed and the writ appeal was dismissed, the appeal against it in Supreme Court by the authorities under Punjab Act cannot be dismissed as infructuous on ground that the writ petitioners ceased to be member of the notified area committe thus have ceased to any locus standi to pursue the matter further. At the time when the writ petitions were filed, those persons were the members of the notified area committees and as a result of the notification, their rights under the statute had been taken away. They were, therefore, entitled to come to the Court impugning the notifica....