Miss Lata Mittal. Vs. Union of India & Ors.
EmailAppeal: Civil Miscellaneous Petition No. 34103/86 in Writ Petition No. 2758/85.)
Petitioner: Miss Lata Mittal.
Respondent: Union of India & Ors.
Apeal: Civil Miscellaneous Petition No. 34103/86 in Writ Petition No. 2758/85.)
Judges: SABYASACHI MUKHARJEE & S. NATARAJAN, JJ.
Date of Judgment: Jan 30, 1987
Appearances:
Ms. Bina Gupta, Mr. S.M. Ashri, Mr. Arjun Bambawale for the
Petitioner.
Petitioner.
Mr. S Balakrishan, Mr. Ramesh Keshwani for the Respondent.
Head Note:
Hindu Succession Act, 1956:
Section 23 – Vires of section 23 under challenge.
JUDGEMENT:
O R D E R
1. The respondent may file counter affidavit within 9 weeks and thereafter 2 weeks time is allowed to file the reply. Let the matter come up for hearing after 8 weeks hence. Notice will be issued to other respondents stating that Anand Kumar Mittal and Smt. Shashi Kumari Mittal should be present in this Court on next date of hearing. If Anand Kumar Mittal is bed ridden, he may be represented through Counsel. Notice will also be issued to the learned Attorney General, since vires of Section 23 of the Hindu Succession Act is under challenge. Respondents are directed to put back the belongings of the petitioners and her sister to the place from where these were thrown out or removed. If those rooms are locked, lock should be broken and the two sisters should be allowed to keep their things and keep their own lock. We also direct the Police Officer, Lahori Gate Police Station to ensure from time to time that these two sisters are allowed to live there peacefully and without any disturbance and there is no danger to their lives.
2. Hearing of Writ Petition is expedited.
1. The respondent may file counter affidavit within 9 weeks and thereafter 2 weeks time is allowed to file the reply. Let the matter come up for hearing after 8 weeks hence. Notice will be issued to other respondents stating that Anand Kumar Mittal and Smt. Shashi Kumari Mittal should be present in this Court on next date of hearing. If Anand Kumar Mittal is bed ridden, he may be represented through Counsel. Notice will also be issued to the learned Attorney General, since vires of Section 23 of the Hindu Succession Act is under challenge. Respondents are directed to put back the belongings of the petitioners and her sister to the place from where these were thrown out or removed. If those rooms are locked, lock should be broken and the two sisters should be allowed to keep their things and keep their own lock. We also direct the Police Officer, Lahori Gate Police Station to ensure from time to time that these two sisters are allowed to live there peacefully and without any disturbance and there is no danger to their lives.
2. Hearing of Writ Petition is expedited.
