Dismissed
Samsher Singh v. State of U.P. and 2 Others
Allahabad HCWRIC/29278/2021
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from the order text
What is this about?
Case :- WRIT - C No. - 29278 of 2021…
What the court decided
AI extract
Case :- WRIT - C No. - 29278 of 2021…
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Court No. - 59
Case :- WRIT - C No. - 29278 of 2021
Petitioner :- Samsher Singh Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Daksha Yadav Counsel for Respondent :- C.S.C.
Hon'ble Rajeev Misra,J.
Heard Mr. Daksha Yadav, learned counsel for petitioner and learned Standing Counsel representing respondents 1, 2, 3 and 4.
Perused the record.
Petitioner has filed present writ petition for a writ of mandamus commanding respondents to remove illegal construction and possession on Survey Plot No. 448 of 2001 situate in village Sarai Hariram, Tehsil Handiya, District Prayagraj.
At the very outset, learned Standing Counsel has raised a preliminary objection by submitting that the persons, who have made encroachment over the land in dispute, have not been impleaded as respondents in present writ petition. Consequently, present writ petition suffers from the vice of nonjoinder of necessary and proper parties. As such, present writ petition is not maintainable and therefore liable to be dismissed.
When confronted with above, learned counsel for petitioner could not overcome the same.
In view of above, present writ petition is dismissed at this stage with liberty to petitioner to file afresh.
Order Date :- 9.11.2021 HSM
Samsher Singh
State Of U.P.
Rajeev Misra
As recorded by the court registry
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