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1987 DIGILAW 724 (SC)

State Of U. P. v. Ram Karan Das

1987-08-07

M.M.DUTT, RANGANATH MISRA

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(1) THE only question which has been finally decided by the High court was that plots Nos. 79 and 117 were not irrigated. The rest of the dispute was remanded to the ceiling authorities for determination. There was hardly scope for filing a special leave petition to this court against the order of the High court. The question as to whether those two plots were irrigated or were not irrigated was a pure question of fact and could not be subjected to decision of this court by obtaining leave under Article 136 of the Constitution of India. This must, therefore, be styled as a frivolous petition for leave. It is unfortunate that the State of U. P. had decided to file such a frivolous petition. Filing frivolous petitions creates problem for the Registry of this court and adds to the bulk of the pending litigation. If the respondents had appeared, we would have given examplary costs to them but since this petition is being dismissed ex parte, we direct the petitioner to deposit a sum of Rs. 3,000.00 in favour of the Supreme court Legal Aid Committee within three weeks from today. (2) A copy of the entire order shall be communicated to the Legal Remembrancers to comply with the requirements of the payment. court Master.