Important ruling on constitutional validity

Allahabad, Feb 26 (UNI) In an important ruling, Allahabad High Court today ruled that if a writ petition can be decided on some other points, then the constitutional validity of a particular provision can be left undecided by the court.

A Division Bench, comprising Justices R P Mishra and Shishir Kumar, gave this ruling on a writ filed by Ram Dayal.

The petitioner had filed a writ praying for quashing the order of December 26, 2005, which was issued in pursuance of amended rule 10 of the UP Minor Mineral Concession Rules 1963.

Further, the petitioner had prayed to declare the amended rule 10 of UP Minor Mineral Concession Rules 1963 as ultra vire, which was incorporated in the rules by an amendment.

By the amended rules, maximum area for mining lease was granted.

Allowing the writ, the court held if the question involved in a particular case can be decided on some other grounds, the court can leave the constitutional validity of that provision undecided.

If it can be decided without going into the question of constitutional validity, then the court should avoid going into the question, observed the Bench.

The court quashed the order of District Magistrate Sonebhadra of November 8, 2006 and also the ad of December 24, 2005, whereby an ad was made for mining lease.

UNI