WPMS/234/1975
2022 Latest Caselaw 319 UK

                     Office Notes, reports,
SL.                 orders or proceedings or
          Date                                                 COURT'S OR JUDGES'S ORDERS
No                 directions and Registrar's
                     order with Signatures


      21.02.2022                                WPMS No. 234 of 1975
                                                (New No. 4944 of 2001)

                                                Hon'ble Sharad Kumar Sharma, J.

Mr. T.A. Khan, Senior Advocate assisted by Mr. Vinay Bhatt, Advocate for the petitioners.

Ms. Indu Sharma, Brief Holder, for the State.

The applicant to the modification application is admittedly not a party to the writ petition, where a challenge has been given to the proceedings, which were held under the Consolidation of Holdings Act. The judgment was rendered as back as on 20.10.2005, which was arising out of the principal proceedings which were of 1971. The issue, as to whether at all the modification at the behest of applicants is maintainable, of a person who is not a party to the proceedings and that too at a highly belated stage after 15 years of passing of the judgment without annexing any delay condonation application.

Looking to the nature of the dispute, coupled with the fact that a connected Writ Petition No. 235 of 1975, preferred by the petitioners was decided in 2007, before venturing into all these issues.

Let notices be issued to all the parties to the writ petition i.e. petitioners as well as respondents, and the applicant to the modification application would take steps for affecting services to the parties to the writ petition.

Steps to be taken within one week. List the modification application thereafter, service of notice on parties to the writ petition.

(Sharad Kumar Sharma, J.) 21.02.2022 Nahid