High Court of Judicature at Allahabad
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Ram Naresh & Others v. State Of U.P. Thru' Collector Maharajganj & Others - WRIT - C No. - 51827 of 2007  RD-AH 16899 (25 October 2007)
HIGH COURT OF JUDICATURE AT ALLAHABAD
Hon'ble Janardan Sahai, J.
This writ petition has been filed against an order of the appellate authority holding that there is no surplus land. It is submitted that late Krishna Murthy father of respondents 4 and 5 was treated as co-tenant. It is also submitted by Sri H.P. Mishra, learned counsel for the petitioners that the petitioners were necessary parties but they have not been impleaded in the appeal and the order passed has affected the petitioners. He states that he does not want to press the writ petition but would file an application for setting aside the order of the appellate court on the ground that the petitioners being necessary parties ought to have been impleaded in the appeal and as suchthe order of the appellate court is liable to be set aside.
In view of the statement made by the learned counsel for the petitioner this writ petition is dismissed as not pressed with liberty to the petitioners to file an application for setting aside the order of the appellate court dated 11.11.2003. It is made clear that no opinion upon the merits of the petitioners' case is being expressed by this Court and it is for the appellate court before which the petitioners may file an application to examine all the relevant aspects of the matter including the maintainability of the application and rights of the petitioners etc.
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