The Allahabad High Court dismissed a writ petition urged as not maintainable due to non-impleadment of revisional court parties and caveat appearance, granting liberty to file a fresh petition.
Petition dismissed with liberty to file a fresh petition with appropriate pleadings and parties.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Neutral Citation No. - 2024:AHC-LKO:55126
Court No. - 8
Case :- WRIT - C No. - 6198 of 2024
Petitioner :- Ramsajivan Respondent :- State Of U.P. Thru. Addl. Chief Secy. Home Deptt., Lucknow And Others Counsel for Petitioner :- Abdhesh Chandra Dwivedi,Vikas Sisodia Counsel for Respondent :- C.S.C.,Ajay Shukla,Mohan Singh
Hon'ble Jaspreet Singh,J.
Heard learned counsel for the petitioner, learned Standing Counsel for the State-respondents and Shri Ajay Shukla who has appeared on caveat has raised a preliminary objection that the matter arises out of a revision which was preferred by the petitioner himself and in the memo of revision a copy of which has been brought on record as annexure no.3 would indicate that the respondents no.3 to 7 who were parties before the revisional court had not been impleaded.
Shri Shukla further submits that he was appeared on behalf of Smt. Meena who was the respondent no.3 in the revision and in such circumstances, the instant petition is not maintainable.
Learned counsel for the petitioner, at this stage, submits that he may be permitted to withdraw the petition with liberty to file a fresh with appropriate pleadings and parties. It is further indicated that in case whenever the petitioner files fresh petition with an advance copy of the same shall be provided to Ajay Shukla, counsel for the respondent.
With the aforesaid, the petition is dismissed with the aforesaid liberty.
In case if the petitioner moves an application for return of the certified copy, the ofÏce shall do the needful within three days.
Order Date :- 9.8.2024/ank
Digitally signed by :- ALI NEWAZ KHAN High Court of Judicature at Allahabad, Lucknow Bench
1 issue framed by the court
Whether the instant writ petition is maintainable as the matter arises out of a revision for which some respondents were not impleaded and one respondent's counsel appeared only on caveat?
Ramsajivan
State Of U.P.
Meena
Addl. Chief Secy. Home Deptt., Lucknow And Others
Jaspreet Singh
As recorded by the court registry
3 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
