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Sahab Chauhan v. State Of U.P. And Others - WRIT - C No. 17440 of 2006 [2006] RD-AH 6964 (30 March 2006)


This is an UNCERTIFIED copy for information/reference. For authentic copy please refer to certified copy only. In case of any mistake, please bring it to the notice of Joint Registrar(Copying).


Hon'ble Dr. B.S. Chauhan, J.

Hon'ble Dilip Gupta, J.

This writ petition has been filed by the petitioner raising grievance that certain persons have encroached upon the drainage constructed by the Gram Pradhan, the present petitioner, in the Gaon Sabha, and he prays to issue direction to the District Administration to remove the said encroachment.

Shri C.K. Rai, learned Standing Counsel, appearing for the respondents has raised a preliminary objection regarding the maintainability of the writ petition, contending that not a single person, who has allegedly encroached upon the drainage constructed by the present petitioner, Gram Pradhan, has been arrayed as a party to this petition, therefore, the writ suffers from non-joinder of necessary parties, and in view of the provisions to the Proviso of Order 1 Rule 9 CP.C., as amended by the Amendment Act No. 104 of 1976, such non-joinder of necessary parties is fatal for maintaining the petition itself.

Learned counsel for the petitioner does not pray for time to file impleadment application even at this stage in spite of he repeatedly being asked for this.

In view of the preliminary objection raised by the learned Standing Counsel, we cannot entertain this petition. It suffers from non-joinder of necessary parties. Therefore, the petition is, accordingly, dismissed.


AKSI/wp 17440/06


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