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2025 DAILYLAW 145239 (ALL)

CHANDRA KISHORE AND 7 OTHERS v. ANIL KUMAR SINGH AND 7 OTHERS

SPLAD/267/2025 · 2025-08-27

Manjive Shukla, Rajan Roy

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW SPECIAL APPEAL DEFECTIVE No. - 267 of 2025 Court No. - 1 HON'BLE RAJAN ROY, J. HON'BLE MANJIVE SHUKLA, J. 1. Certain private persons have challenged judgment dated 24.4.2025 passed in Writ- A No. 3286 of 2022 in this intra court appeal. 2. The contention is that an order dated 18.4.2022 by which regularization of the petitioner and other similarly situated had been ordered, had been quashed by the learned Single Judge in the writ petition filed by the private opposite parties without impleading the appellants herein and other affected persons. It is also submitted that though the prayer for quashing the order dated 18.4.2022 was there in the writ petition, there was no pleading to support the relief claimed. 3. Sr Raj Kumar Singh, learned counsel for the opposite parties says that the contention of counsel for the appellants is incorrect, however, he could not dispute the fact that the appellants were not parties in the writ petition. The case of the private opposite parties is that they were appointed prior to the appellants herein, a fact which is being refuted by th appellants' counsel. 4. Be that as it may, we cannot fathom a situation where an order or report favouring the appellants herein and recommending their regularization could have been quashed without hearing them, however, at this stage, Sri Raj Kumar Singh invites our attention to the relief clause of the writ petition. Sri Raj Kumar Singh further says that vide order 18.4.2022 the claim of the private opposite parties herein was also rejected. Versus Counsel for Appellant(s) : Shailendra Singh Rajawat Counsel for Respondent(s) : Bhupendra Veer Singh, C.S.C., Raj Kumar Singh Chandra Kishore And 7 Others .....Appellant(s) Anil Kumar Singh And 7 Others .....Respondent(s) 5. Be that as it may, appellants herein were necessary parties, if the order/report dated 18.4.2022 was to be quashed. We, accordingly, quash the impugned judgment. Consequent, Writ- A No. 3286 of 2022 stands revived. The Special Appeal is accordingly allowed. The petitioners of the said writ petition shall implead the appellants herein and such other persons as may be affected by the relief claimed herein and thereafter, the writ petition shall be heard afresh and decided accordingly. 6. Writ- A No. 3286 of 2022 shall be listed before the learned Single Judge on 10.9.2025. August 27, 2025 Anuj Singh SPLAD No. 267 of 2025 2 (Manjive Shukla,J.) (Rajan Roy,J.) Digitally signed by :- ANUJ PRATAP SINGH High Court of Judicature at Allahabad, Lucknow Bench