UOI Vs. JOR BAGH ASSCN REGD

JUDGEMENT

(1.) LPA No.415/2005 lays a challenge to the judgment and order dated 9.7.2004 pronounced by a learned Single Judge of this Court allowing WP(C) No.1458/1984, in which writ petition, of the 4 prayers made, only first 3 were pressed during arguments and in respect whereof 3 reliefs were granted. The 3 prayers which were pressed read as under:-

(2.) The 3 directions issued by the learned Single Judge read as under:-

(3.) Only 8 petitioners joined in a common action when WP(C) No.1458/1984 was filed. Petitioner No.1, Jor Bagh Association Regd. owns no property and was obviously litigating on behalf of its members; and from time to time copetitioners were added when applications for further impleadment were filed, and by the time the judgment was pronounced the number of co-petitioners swelled to 17 and we find that some of them were neither residents nor owners of properties in Jor Bagh. From the relief granted by the learned Single Judge it is apparent that the writ petition was ultimately argued with reference to petitioner No.17, impleaded as respondent No.17 in the appeal; and it concerned a plot of land and building constructed thereon at 17 Prithvi Raj Road, New Delhi. We wonder as to why are the appellants litigating on the issue with respect to other persons who were copetitioners in the writ petition and are impleaded as respondents before us in the appeal; and the reason for our wonder is that no relief has been granted to them. The directions issued by the learned Single Judge, while allowing the writ petition, are singularly in favour of petitioner No.17 before the learned Single Judge and no analogous relief has been granted to the other co-petitioners.