Uttarakhand Transport Corporation and Another vs State of Uttarakhand and Others

Barin Ghosh, C.J.—Learned Counsel for the respondents submitted that they have no objection in the event, delay in filing the Appeal is condoned. We have also considered averments made in the application seeking condonation of delay in preferring the Appeal. Being satisfied with the reasons mentioned therein, we allow the application (CLMA No. 9103 of 2010).

It is the contention of the appellants that the land dealt with by the order impugned in the writ petition filed by the appellants has been leased out to the appellants. It is the further contention of the appellants that the manner, in which the land has been dealt with is not permissible in law. Appellants have filed a suit against those, who are seeking to take advantage of the said order. In the writ petition, it was the contention of the appellants that the cause of action of the appellants compelling them to approach this Court in its writ jurisdiction is completely different from the cause of action which compelled them to file the suit. By the judgment and order under Appeal, this contention has not been accepted.The appellants contend that the finding of the learned Single Judge on that score is interferable.

The order impugned in the writ petition has granted some benefit to some of the parties, who were not arrayed as parties to the writ petition. The legality and validity of the order impugned in the writ petition, we think, cannot be gone-in in the absence of those parties. We, accordingly, refuse to proceed further with appeal. In the event, appellants feel that infact their cause of action for approaching this Court in its writ jurisdiction is completely different from their cause of action for approaching the civil court, and they decide to file an appropriate writ petition making all the parties likely to be affected by the order which may be passed on such writ petition, we make it clear that the same shall be decided in accordance with law without being influenced by the judgment and order under Appeal, inasmuch as we feel that even a decision to that effect is required to be rendered in the presence of all parties likely to be affected.