The High Court dismissed a writ petition seeking issuance of a writ of mandamus for tracing mutation case records and expediting the petitioner's application, primarily due to non-joinder of necessary parties.
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Court No. - 59
Case :- WRIT - C No. - 18584 of 2021
Petitioner :- Smt. Geeta Devi Respondent :- District Magistrate And 2 Others Counsel for Petitioner :- Praveen Kumar Shukla Counsel for Respondent :- C.S.C.
Hon'ble Rajeev Misra,J.
Heard Mr. P.K. Shukla, learned counsel for petitioner and learned Standing Counsel for respondents-1,2,3.
Present writ petition has been filed for following relief:
A. Issue a writ, order or direction in the nature of mandamus directing the respondents authorities concerned to get the record of the mutation Case NO. 194, 195, 196, 197/1987 (Rajesh Kumar @ Amod Kumar Vs. Smt. Gulab Kali) instituted in the year 1987 and which was pending before the Court of Naib Tehsildar, Tehsil Bara, traced out expeditiously, if possible, within stiputlated time period.
B. Issue a writ, order or direction in the nature of mandamus directing the District Magistrate, District Prayagraj to take appropriate decision on the application of the petitioner dated 23.3.2021 and decide the same expeditiously, within a stipulated period.
At the very outset, learned Standing Counsel raised preliminary objection by submitting that Rajesh Kumar who had filed mutation case has not been impleaded as respondent in present writ petition. Furthermore, the mutation case giving rise to present writ petition was filed against one Gulab Kali who has also not been impleaded as party to this petition. As such present writ petition suffers from the vice of non joinder of necessary and proper parties. Accordingly, present writ petition is not maintainable and therefore liable to be dismissed.
When confronted with above, learned counsel for petitioner could not over come the same.
In view of above, present writ petition fails and is liable to be dismissed.
It is accordingly dismissed at this stage.
Order Date :- 11.11.2021 Arshad
1 issue framed by the court
Whether the writ petition is maintainable in the absence of necessary parties.
Geeta Devi
District Magistrate
2 Others
Rajeev Misra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
