Lal Ji Yadav vs State Of U.P. And Others
2011 Latest Caselaw 5302 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 35
 
Civil Misc. Impleadment Application No. NIL of 2011
 
IN
 

 
Case :- WRIT - C No. - 3305 of 2007
 

 
Petitioner :- Lal Ji Yadav
 
Respondent :- State Of U.P. And Others
 
Petitioner Counsel :- R.C. Yadav
 
Respondent Counsel :- C.S.C.,Anuj Kumar,J.A. Azmi,K.C. Shukla,U.S. Singh
 

 
Hon'ble Sunil Hali,J.

This is an application seeking impleadment of Smt. Gayatri Devi as respondent No.5 in the array of parties.

It is contended in the application that after licence of the petitioner was cancelled, the case of the applicant for allotment of the said licence was initiated by the Village Panchayat. It is pertinent to mention here that this Court vide order dated 22.1.2007 had directed the respondents not to create any third party interest in the shop. The writ petition was dismissed in default on 16.3.2009 and restored back on 9.7.2009. After the restoration of the writ petition, the process for allotment of the fair price shop in favour of the applicant has been stayed. The applicant claims that on the basis of the proposal initiated by the Village Panchayat in respect of the said shop, she is a necessary party to be impleaded.

Apparently, applicant is not a interested party nor a necessary party as the issue involved in the writ petition is as to whether the petitioner's licence has been cancelled in accordance with rules. Such determination can be effected without presence of the applicant. She might become a beneficiary in case petitioner's writ petition is idsmissed but that will not give her right of being a necessary party. The impleadment application is accordingly rejected.

List this matter after Diwali Vacation.

Order Date :- 19.10.2011

NS