Additional Advocate General. We find the prayer sought for by the appellants is to set aside the order of the learned Single Judge in W.P.No.3645/2016. However, learned Single Judge has passed the common judgment in a batch of writ petitions. But the petitioner who filed W.P.No.3645/2016 is not arrayed as the party. The said petitioner has received certain reliefs at the hands of the learned Single Judge. In the absence of the said writ petitioner, if the order is set aside, it would only affect that petitioner in that case, that too without giving an opportunity of being heard to the said petitioner. Also, the constitutional validity or the vires of the Act and the Rules being in question, any interference by the Division Bench exercising appellate jurisdiction would also have an adverse impact on all the writ petitioners, who had been granted relief by the learned Single Judge despite upholding the same. As already noted, the upholding of the validity of the Act or Rules is an order or judgment in rem, but the particular reliefs granted to the writ petitioners or parties in the writ petitions would have to be looked into. Further, merely setting aside the order of the learned Single Judge would also not enure to the benefit of the appellants, who have not sought consequential reliefs in these appeals. In the absence of seeking any individual reliefs, the appellants would not be benefited by merely assailing the correctness of the judgment of the learned Single Judge in a single writ petition.
