The High Court dismissed the writ petition as not maintainable. The Court held that a person not being a party to suit proceedings cannot question judgments or orders arising therefrom. The petitioner was advised to approach the competent court instead.
Writ petition dismissed as not maintainable.
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Court No. - 74
Case :- WRIT - B No. - 1420 of 2020
Petitioner :- Smt. Kirti Devi Respondent :- The Board Of Revenue U.P. And 3 Others Counsel for Petitioner :- Onkar Nath,Ram Lakhan Kashyap,Shivanshu Kashyap Counsel for Respondent :- C.S.C.,Dwijendra Prasad,Krishna Kant Singh
Hon'ble Ajit Kumar,J.
Heard Sri Ram Lakhan, learned counsel for the petitioner and Sri Dwijendra Prasad, learned counsel appearing for the contesting respondent No.4.
A preliminary objection has been raised by the learned counsel for the respondent No.4 regarding maintainability of the present writ petition and locus of the present petitioner to question the judgments and orders passed in proceeding arising out of title suit under Section 229-B of the U.P.Z.A. & L.R. Act, 1950.
On a pointed query being made to the learned counsel for the petitioner as to whether the petitioner was at all party at any stage of the proceedings, he submits that he was not a party though he ought to have been impleaded as party.
In the considered opinion of the Court, when a person is not a party in a suit proceedings, he cannot maintain a writ petition and question the judgments and orders passed in suit proceedings. Even otherwise in suit the judgment always operates between the parties only. The preliminary objection, therefore raised by the contesting respondent No.4 holds merit and is upheld.
It is always open for the petitioner to raise his plea before the competent court where the suit proceedings have been finalized by means of any application as may be permissible in law and if so advised.
The writ petition is, therefore, dismissed as not maintainable at the instance of the present petitioner.
Order Date :- 10.12.2020 Atmesh
1 issue framed by the court
Whether a person who was not a party to the underlying suit proceedings is maintainable to question judgments and orders passed therein via a writ petition.
1 provisions across 1 enactments
Smt. Kirti Devi
The Board Of Revenue U.P.
3 Others
Ajit Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
