BALKRISHAN SHIRDHONKAR Vs. STATE OF M.P.

JUDGEMENT

(1.) THE petitioners claim to be recipients of cash grant from the respondent State since last so many generations. The aforesaid grant was stopped because of Madhya Pradesh Anugrahik Tatha Sevarth Nagad Anudan Samapti Adhiniyam, 1982 (M.P. No. 11/83). The constitutional validity of the said Act was challenged by filing writ petition (M.P. No. 1403/83) in this Court. This Court vide its order dated 10.4.1987 declared the said Act void and ultra vires the Constitution and issued a writ of mandamus restraining the respondent State from enforcing the provisions of the said Act against the petitioners in that case. It appears that inspite of the Act having been declared ultra vires, the benefit thereof was not given to all the recipients, but was given only to the petitioners of the said case. This necessitated filing of several writ petitions by different individuals and the Court was pleased to grant them similar relief. Since the petitioners claim to be recipients, whose grant has been stopped, because of the provisions of the said Act, there is no reason why they should also not get the benefit of the said judgment. Even otherwise, once an Act has been declared ultra vires, it ceases to have any effect whatsoever on anyone. Indeed, the effect of such a declaration is to declare that it was never passed and, therefore, no one, whether the petitioners or not, can be permitted to suffer, because of such an Act. In this view of the matter, the petitioners are also held entitled to the benefit of the said judgment.

(2.) THE petition, therefore, succeeds and is allowed by issuing a writ of mandamus restraining the respondents State from enforcing the provisions of the said Act against the petitioners. No order as to costs.