Supreme Court: Constitution of India, 1950 — Art. 32 — Maintainability of Writ— Mining Lease— an appeal against the judgment passed by High Court of Orissa whereby the High Court had dismissed the writ petition of the BPSL held— we are constrained to hold that, on the basis of such an argument, they cannot approach this court directly under Article 32 of the Constitution by filing writ petitions. It has already been authoritatively determined that no fundamental right of the petitioners is violated. No fundamental right is violated by non-granting of mining lease. (See (2012) 11 SCC 1 and (1973) 1 SCC 584)— petitions dismissed giving liberty to the petitioners to approach the High Court in the first instance and/ or any other forum which is available, as per law. We make it clear that in so far as these petitions are concerned we have not dealt with the issues on merits. Wherever the petitions are filed, it would be open to the said forum to deal with the question as to whether the petitioners would be entitled to the benefit of judgment dated 14.3.2012 passed in the case of BPSL or not. All other issues are also kept open to be agitated in those proceedings. Writ petitions are dismissed with liberty as aforesaid. SURINDER SINGH NIJJAR, A.K. SIKRI, JJ. 2014 V AD (S.C.) 37
Posted on: Wed, 23 Jul 2014 10:41:39 +0000
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