Dismissed¶12

Sadhoram Thru. His Legal Heirs and Representative, Satish Kumar v. Additional Commissioner, Administration, Prayagraj Mandal and Another

Allahabad HC5 Jul 2024/3078/2024

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What is this about?

MATTERS UNDER ARTICLE 227 No. 3078 of 2024; Neutral Citation No. 2024:AHC-LKO:45655; decided 5.7.2024 by Hon'ble Jaspreet Singh, J., High Court of Judicature at Allahabad, Lucknow Bench. Keywords: territorial jurisdiction; maintainability; Lucknow Bench versus Prayagraj Bench; non-joinder of necessary parties; expedition of appeal before Additional Commissioner, Administration, Prayagraj Mandal; dismissal with liberty to file afresh; Article 227.

What did the court decide?

Liberty to the petitioner to file the petition before this Court at Prayagraj with appropriate parties and pleadings, which shall be considered and decided on its own merits. ¶12

Sadhoram Thru. His Legal Heirs and… — Writ and Judicial Review | Allahabad HC (2024)

¶1

Neutral Citation No. - 2024:AHC-LKO:45655

¶2

Court No. - 8

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Case :- MATTERS UNDER ARTICLE 227 No. - 3078 of 2024

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Petitioner :- Sadhoram Thru. His Legal Heirs And Representative, Satish Kumar Respondent :- Additional Commissioner, Administration, Prayagraj Mandal And Another Counsel for Petitioner :- Pankaj Srivastava,Deepak Kumar Counsel for Respondent :- C.S.C.

¶5

Hon'ble Jaspreet Singh,J.

¶6

Heard learned counsel for the petitioner. Notice on behalf of the respondent No.1 has been accepted by the office of Chief Standing Counsel.

¶7

At the outset, learned standing counsel has raised a preliminary objection regarding maintainability of the instant petition before this Court at Lucknow.

¶8

The submission is that the petitioner is said to have filed an appeal at Prayagraj which is engaging the attention of the respondent No.1, who has its seat at Prayagraj.

¶9

It has further been urged that a perusal of the memo of appeal which has been brought on record as Annexure No.1, it would indicate that apart from Mohd. Haroon, who has been impleaded as the sole private-respondent, there are other parties too, who have not been impleaded.

¶10

In the aforesaid circumstances, the petition is defective and moreover it also fall foul regarding the vice of territorial jurisdiction.

¶11

Learned counsel for the petitioner, after arguing at some length, could not dispute that the entire proceedings of which an expedition is sought is within the jurisdiction of this Court at Prayagraj, apart from the fact that the petitioner has not impleaded all the parties, who were parties to the appeal.

¶12

In view of the aforesaid, this Court does not deem appropriate to entertain the petition which is accordingly dismissed leaving it open with liberty for the petitioner to file the petition before this Court at Prayagraj with appropriate parties and pleadings which shall be considered and decided on its own merits.

¶13

Order Date :- 5.7.2024 Rakesh/-

¶14

Digitally signed by :- RAKESH PRAJAPAT High Court of Judicature at Allahabad, Lucknow Bench

Sadhoram Thru. His Legal Heirs and Representative, Satish Kumar v. Additional Commissioner, Administration, Prayagraj Mandal and Another

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Sadhoram Thru. His Legal Heirs and Representative, Satish Kumar v. Additional Commissioner, Administration, Prayagraj Mandal and Another

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Sadhoram Thru. His Legal Heirs and Representative, Satish Kumar vs Additional Commissioner, Administration, Prayagraj Mandal and Another