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Ram Kishan & Others v. State Of U.P. & Others - WRIT - C No. 65052 of 2006 [2006] RD-AH 20246 (29 November 2006)


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Hon'ble Anjani Kumar, J.

Heard learned counsel for the petitioners on the objections filed by the petitioners against report of the Taxing Officer. Learned counsel for the petitioners has relied upon a Division Bench decision of this Court reported in (1994) 2 UPLBEC 1228, Saroja Nand Jha and others vs. M/s Hari Fertilizers, Varanasi and others. Learned counsel for the petitioners has relied upon the following extract in the judgment which is the extract of a Full Bench decision in the case of Umesh Chandra v. Krishi Utpadan Mandi Samiti, AIR 1984 All 46:-

"A  Single writ petition under Article 226 of the Constitution by more than one petitioner, not connected with each other as partners or any other legally subsisting jural relationship, is maintainable where the right to relief arises from the same act or transaction and there is a common question of law or fact or where though the right of claim does not arise from the same act or transaction, the petitioners are jointly interested in the cause or causes of action."

Here the Taxing Officer has given reasons for not agreeing with the Full Bench decision and pointed out that each petitioner has been allotted separate plot of land measuring different areas and their individual plots have been cancelled on the basis of the orders impugned in the present writ petition.

I do not find any error in the order of the Taxing Officer. The application is, therefore, rejected.

Dt: 29.11.2006.

mhu - 65052/06


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