Hon'ble Ajit Kumar, J. dismissed the writ petition directed against past orders regarding consolidation authority decisions, holding that no cause of action survived as the rival writ petition on the identical issue was already dismissed for want of prosecution.
Writ petition dismissed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 62
Case :- WRIT - B No. - 142 of 1981 Petitioner :- Faridul & Others Respondent :- A.D.C. & Others Counsel for Petitioner :- S.L. Yadav Counsel for Respondent :- S.C.
Hon'ble Ajit Kumar,J.
Order on substitution application
Heard on substitution application.
Since, there is no objection on the substitution application, the application is allowed.
Office is directed to carryout necessary substitution in the array of parties. Order Date :- 10.8.2018 sailesh
Court No. - 62
Case :- WRIT - B No. - 142 of 1981 Petitioner :- Faridul & Others Respondent :- A.D.C. & Others Counsel for Petitioner :- S.L. Yadav Counsel for Respondent :- S.C.
Hon'ble Ajit Kumar,J.
This writ petition is directed against the orders passed by respondent nos. 1, 2, 3 and 4 dated 30.11.1979, 13.11.1978, 20.09.1972 and 22.07.1971 respectively.
The arguments advanced on behalf of petitioners is that revisions of both the private parties were dismissed as Consolidation Authorities after much deliberation and compromise determined the share of the parties. There was no occasion for both the sides to prefer any writ petition, however, the other side filed Writ Petition No. 2765 of 1980 and so petitioner also filed the present writ petition. Since, the Writ Petition No. 2765 of 1980 filed by other side has already been dismissed for want of prosecution, the petitioners also do not want want to press the present writ petition. As the writ petition of the rival parties has already been dismissed, no cause of action survives to maintain the present writ petition.
Writ petition is accordingly dismissed.
Order Date :- 10.8.2018 sailesh
3 issues framed by the court
Whether the writ petition attracts the doctrine of merger or is otherwise maintainable when a rival petition on the same issue was dismissed for want of prosecution.
Whether a cause of action survives for the present writ petition now that the rival writ petition has been dismissed.
Whether the writ petition should be dismissed in light of the dismissal of the rival petition.
Faridul & Others
A.D.C. & Others
Ajit Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
