Ashok Singh . vs State Of U.P .

Ashok Singh & Ors. ….Appellant(s)

VERSUS

State of U.P. & Ors. …Respondent(s)

J U D G M E N T

Abhay Manohar Sapre, J.

1. This appeal is filed by the four appellants

questioning the legality and correctness of the final

judgment and order dated 12.10.2006 passed by the

High Court of Judicature at Allahabad in Special

Appeal No.1078 of 2006 which arose out of order

dated 08.08.2006 passed by the Single Judge of the

High Court in W.P. No. 13274 of 2006 and other Signature Not Verified Digitally signed by ANITA MALHOTRA connected writ petitions.

Date: 2018.09.11 17:44:41 IST Reason: 1

2. The original writ petitions were filed by

respondent Nos. 4 to 6 herein against respondent

Nos. 1 to 3 herein so also by respondent Nos. 7 to 17

herein. The writ Court disposed of the writ petitions.

Dissatisfied with the order in the writ petition,

respondent Nos. 7 to 17 filed intra court writ appeal

before the Division Bench. The Division Bench

dismissed the writ appeal.

3. It is not in dispute that the appellants were

neither parties to the writ petitions and nor in the

writ appeals out of which this appeal arises. In other

words, the controversy in the writ petitions and the

writ appeal was essentially between respondent Nos.4

to 6 and 7 to 17 and the State and its concerned

departments (respondent Nos.1 to 3).

4. That apart, the appellants on their part also did

not pray for being added as party respondents in the

said writ petitions or/and in writ appeal. It is also not

in dispute that no party to the writ petitions and the

2 writ appeal has felt aggrieved by the impugned order

and, therefore, has not filed any appeal in this Court

against the impugned order.

5. In other words, the controversy, which was

subject matter of the writ petitions and the writ

appeal, has attained finality inter se parties to the

writ petitions/writ appeal because no party to the

writ petitions/writ appeal has questioned the legality

and correctness of the impugned order in appeal

before this Court.

6. In such a situation, we do not consider it

appropriate to examine the legality and correctness of

the impugned order for the first time at the instance

of the appellants in this appeal.

7. Had the impugned order been questioned by

any party to the writ petitions/writ appeal by filing

any appeal before this Court then perhaps the

situation would have been different. Such is,

however, not the case here.

3

8. We, therefore, decline to go into the merits of

the controversy sought to be raised by the appellants

in this appeal and leave the parties to work out their

rights in appropriate forum in accordance with law

qua each other.

9. With these observations, this appeal is

accordingly disposed of.

………...................................J. [ABHAY MANOHAR SAPRE]

…...……..................................J. [VINEET SARAN]

New Delhi;

September 11, 2018

4