Dismissed

Ms Arsh and Elham Livestock Exporters through Partner Director Shri Shahbaz Ahamed v. Jharkhand Quraish Panchayat and Shopkeeper Welfare Society Thr MD Kazim Quraishi Alias Moon

Jharkhand HC8 Jul 2021LPA/113/2021

Case brief

AI extract

What is this about?

This order dismisses an appeal filed by appellants who were not parties to the underlying writ petition. The High Court declined to entertain the appeal because the appellants have already filed a pending interlocutory application for impleadment before the Single Judge. The Court expressly stated it did not address the maintainability of the appeal.

What did the court decide?

The appeal is disposed of; appellants at liberty to pursue interlocutory application for impleadment before the Single Judge.

Ms Arsh and Elham Livestock Exporters… — Civil Procedure and Limitation | Jharkhand HC (2021)

¶1

IN THE HIGH COURT OF JHARKHAND AT RANCHI

¶2

L.P.A. No. 113 of 2021

¶3

1.M/s Arsh & Elham Livestock Exporters through Partner/

¶4

Director Sri Shahbaz Ahamed, R/o Ranchi

¶5

2.M/s Micro Transmission System, Greater Noida, Uttar Pradesh through its authorized representative Shri Shahbaz Ahamed, R/o Ranchi

¶6

--- --- Appellants

¶7

Versus

¶8

1.Jharkhand Quraish Panchyat and Shopkeeper Welfare Society through its Joint Secretary Md. Kazim Quraishi @ Moon Quraishi, R/o Ranchi

¶9

Mohammad Perwez

¶10

3.State of Jharkhand

¶11

4.The Secretary, Urban Development Dept., Govt. of Jharkhand

¶12

5.The Secretary cum Commissioner, Food Safety and Health Care,

¶13

State of Jharkhand

¶14

6.Ranchi Municipal Corporation, Ranchi

¶15

--- --- Respondents

¶16

CORAM: HON’BLE MR. JUSTICE APARESH KUMAR SINGH HON’BLE MRS. JUSTICE ANUBHA RAWAT CHOUDHARY Through Video Conferencing For the Appellants : M/s Praveen Chandra, Atul Rai, Advocates For the Respondents : M/s Indrajit Sinha, K.S. Nanda, Advocates : Ms. Surabhi, A.C. to Mr. Sachin Kumar, A.A.G.-II

¶17

04/08.07.2021 It seems that notice has not been effected upon the Ranchi Municipal Corporation respondent no.6 herein, also a respondent in the writ petition.

¶18

The question of maintainability of this appeal has been raised by the Office as the appeal is directed against part of the interim order dated 17.02.2021 passed in W.P.(C) No. 5175 of 2018 by the appellants who were not party in the writ petition. The appellants claim that under a joint venture agreement, they have entered into a lease agreement of slaughter house vide Annexure-8 with the Ranchi Municipal Corporation.

¶19

Learned counsel for the appellant submits that appellant no.1 who is a party in the joint venture has sought impleadment in the writ petition through I.A. No. 1422 of 2021 since a fresh lease has been executed by the Ranchi Municipal Corporation with the Joint Venture on 30.12.2020. The I.A. has been preferred after passing of the interim order dated 17.02.2021 by the learned Single Judge where under the interim order dated 12.10.2018 has also been continued, though the interim order passed earlier on 25.10.2018 had lost its force as per the observation of the learned Division Bench in L.P.A. No. 653 of 2019.

¶20

Learned counsel for the writ petitioner / respondent no.1 submits

¶21

-2-

¶22

that appellants have unnecessarily invoked the forum of appeal during pendency of their interlocutory application for impleadment before the learned Single Judge filed after passing of the interim order dated 17.02.2021. The writ petitioner is equally interested in the expeditious disposal of the writ petition.

¶23

Having regard to the facts and circumstances noted above and that the appellant had already preferred I.A. No. 1422 of 2021 seeking impleadment in W.P.(C). No. 5175 of 2018 which is pending before the learned Single Judge, we do not find any reason to entertain the appeal. Appellants are at liberty to pursue the interlocutory application for impleadment before the learned Single Judge. The writ petitioner has also conveyed that it is interested in early hearing of the case.

¶24

The instant appeal is disposed of accordingly. Let it be made clear that we have not gone into the question of maintainability of the appeal. Pending I.A.s are closed.

¶25

(Aparesh Kumar Singh, J.)

¶26

(Anubha Rawat Choudhary,J.)

¶27

A.Mohanty

Ms Arsh and Elham Livestock Exporters through Partner Director Shri Shahbaz Ahamed v. Jharkhand Quraish Panchayat and Shopkeeper Welfare Society Thr MD Kazim Quraishi Alias Moon

Case brief

What is this about?

What did the court decide?

Ms Arsh and Elham Livestock Exporters through Partner Director Shri Shahbaz Ahamed v. Jharkhand Quraish Panchayat and Shopkeeper Welfare Society Thr MD Kazim Quraishi Alias Moon

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Roopam Kumari Vs Sanjeev Kumar

Jhunubala Seth Alias Sheth Alias Sethi Vs Union of India

Ms Anand Lubricating and Pneumatic Systems through Its Partner Ashok Kumar Anand Vs the State of Jharkhand through the Addl Chief Secretary Cum Commissioner Deptt of Commercial Taxes

Rajan Kumar Vs Smt Shruti Antra Sinha

Santosh Kumar Ranjan Vs Shashi Kiran Devi

The Union of India through Its Principal Secretary Ministry of Finance Department of Revenue Vs Atibir Industries Co. Ltd. through Its Director Sandeep Kumar Sarawgi