The High Court dismissed a writ petition for non-maintainability based on non-joinder of necessary parties, allowing liberty to file a fresh petition with better particulars.
Liberty to file fresh writ petition with better particulars and details.
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Court No. - 38
Case :- WRIT - C No. - 27651 of 2021
Petitioner :- Dayaram Respondent :- State of U.P. and Another Counsel for Petitioner :- Kalamuddin,M. A. Siddiqui Counsel for Respondent :- C.S.C.
Hon'ble Rajeev Misra,J.
Heard Mr. M.A. Siddiqui, learned counsel for petitioner and learned Standing Counsel for respondents-1 and 2.
Petitioner has filed present writ petition for a direction upon respondent-2 U.P. Ziladhikari Tashil Handia, District Prayagraj to decide Case No. T202102030402777 of 2021 (Dayaram Vs. Shish Devi and others) under section 35 (2) U.P. Land Revenue Code, 2006, Village Sujaula Pargana Mah, Tahsil Handia, District Prayagraj within time bound period.
At the very outset, learned Standing counsel raised a preliminary objection that all the parties to the proceedings have 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.
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 with liberty to file fresh with better particulars and details.
Order Date :- 2.11.2021 Arshad
Dayaram
State of U.P.
U.P. Ziladhikari Tashil Handia, District Prayagraj
Rajeev Misra
As recorded by the court registry
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