SURYA NATH AND 2 OTHERS v. COMMISSIONER AZAMGARH DIVISION AZAMGARH AND 14 OTHERS
WRIC/7580/2025 · 2025-03-23
Kshitij Shailendra
body2025
DailyLaw.ai
[ 2025 DAILYLAW 10245 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 10245 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:43405 Court No. - 44 Case :- WRIT - C No. - 7580 of 2025 Petitioner :- Surya Nath And 2 Others Respondent :- Commissioner Azamgarh Division Azamgarh And 14 Others Counsel for Petitioner :- Sunil Kumar Srivastava,Vinod Kumar Srivastava Counsel for Respondent :- C.S.C. Hon'ble Kshitij Shailendra,J.
1. Present writ petition has been filed by 3 persons being aggrieved by rejection of a recall application filed by one Sanjay who has been impleaded as proforma respondent no.7/1. It was Sanjay who had challenged the rejection order by filing revision which has also been dismissed.
2. Learned counsel for the petitioner submits that the recall application contained a note to the effect that the same was being filed for other co-sharers and, therefore, the present writ petition should be entertained. By referring to paragraph no.6 to the writ petition, it is urged that since the proforma respondents are out of station, present writ petition has been filed.
3. This Court cannot accept the submissions for the reason that if certain person had applied for recall of an order and after rejection of the application, it was he who alone invoked revisional jurisdiction, in case he is not available for filing the present petition, he could have executed a Power of Attorney in favour of the petitioners or any other person and in any case the petition should have been filed in the name of Sanjay alone.
4. For all the aforesaid reasons, present writ petition at the instance of Surya Nath, Amar Jeet and Sarvjeet is not maintainable and is, accordingly, dismissed without prejudice to the rights of proforma respondent no.7/1, namely Sanjay. Order Date :- 24.3.2025 S.A. Digitally signed by :- SALMAN AHMAD High Court of Judicature at Allahabad