HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Civil Writ Petition No. 8661/2021
1. Ravindra Shrotiya S/o Shri Ramnath Shrotiya, R/o
Kayasthpada, District Dholpur (Raj.).
2. Teerath Singh @ Lalji S/o Shri Yogendra Singh, R/o
Kayasthpada, District Dholpur (Raj.).
3. Rajendra Singh S/o Shri Pratap Singh, R/o Kayasthpada,
District Dholpur (Raj.).
4. Narendra Singh Tomar S/o Late Sundar Tomar, R/o
Kayasthpada, District Dholpur (Raj.).
----Petitioners
Versus
1. Ramdutt Sharma S/o Late Shri Ramdayal Sharma, R/o
Kayasthpada, District Dholpur (Raj.).
2. Smt. Meena Kumari Sharma D/o Late Smt. Dropadi Devi
W/o Shri Munna Lal Sharma, R/o Kayasthpada, Dist.-
Dholpur
3. Municipal Council, Through Municipal Commissioner,
Dholpur(Raj.).
4. Municipal Council, Through Chairman, Municipal Council,
Dholpur(Raj.).
5. State Of Rajasthan, Through Dist. Collector, District
Dholpur (Raj.).
----Respondents
For Petitioner(s) : Mr. Aditya Mishra with Mr. Devkrishna Purohit For Respondent(s) :
HON'BLE MR. JUSTICE SANJEEV PRAKASH SHARMA Order 13/08/2021 Learned counsel for the petitioners assails the order dated 01.02.2021 whereby an application moved by the petitioners under Order 1 Rule 10 CPC was rejected. Learned counsel submits (Downloaded on 16/08/2021 at 09:35:51 PM) (2 of 2) [CW-8661/2021] that the petitioners are the complainants, on the basis of which the proceedings were initiated as against the complainants who are necessary party to the case. The law relating to necessary and appropriate party has been laid down by the Supreme Court initially in the case of Udit Narain Singh Malpaharia Vs. Additional Member, Board of Revenue, Bihar, AIR 1963 SC 786 wherein the Supreme Court has held as under:-
"(12) To summarise in a writ of certiorari not only the Tribunal or authority whose order is sought to be quashed but also parties in whose favour the said order is issued are necessary parties. But it is in the discretion of the Court add or implead proper parties for completely settling all the questions that may be involved in the controversy either suo motu or on the application of a party to the writ or an application filed add instance of such proper party."
The said law has been further settled by this Court in catena of judgment as noticed by the trial Court namely Deepika Paliwal Vs. Civil Judge (Jr. Div.), Rajsamand, reported in 2017(2) WLC (Raj.) U.C. 165 and Babulal Vs. Hemraj reported in 2018(1) WLC (Raj.) U.C. 127 to satisfy that the complainant does not have a locus nor/or is necessary a party or an appropriate in proceedings initiated as against or the complainant by the Municipal Council.
Keeping in view thereof, the writ is misconceived and the same is accordingly dismissed.
(SANJEEV PRAKASH SHARMA),J Arun/54 (Downloaded on 16/08/2021 at 09:35:51 PM) Powered by TCPDF (www.tcpdf.org)