SHANTI BHARDWAJ Vs. BOARD OF REVENUE ALLAHABAD

JUDGEMENT

(1.) BEFORE the arguments could be heard in this case, Sri O. N. Verma appearing for the contesting respondents has pointed out that on 17-1-1985 he has filed an application, duly supported by an affidavit, raising preliminary objection that the writ petition be dismissed as not maintainable, as after the order of demarcation officer, notification has been: Issued and so long as the State Government is not a party to the writ petition, the question of considering the writ petition on merits does not arise.

(2.) IN support of his contention, Sri Verma has cited 3 authorities, 1955 ALJ 497 : 1957 ALJ 453 : and AIR 1973 SC 1293, Having placed reliance on the above three authorities, the contension as stated by Sri Verma is that in the absence of the State Government when no effective relief could. be granted to the petitioner, no positive purpose will be served in considering the case on merits and as such he has prayed that the application be allowed, and the writ petition be declared as not maintainable.

(3.) BY means of this writ petition, petitioner seeks a relief for a writ, of certiorari, quashing the impugned order of Board of Revenue dated 26-9- 1978 (Annexure-14).