MANJU KHAN Vs. STATE OF U P

JUDGEMENT

(1.) THE prayer of the petitioners is to quash the letter/order dated 9-6-92 of the District Magistrate, Nainital as contained in Annexure-10.

(2.) A perusal of the impugned docu ment shows that the District Magistrate, Nainital requested the Additional District Magistrate (Nazul), Rudrapur (Nainital) to forward a proposal of transfer of 0. 167 hectare lands in favour of the U. P. State Road Transport Corporation, Kumaon Division, Nainital as per the rules and prevent anyone from encroaching the lands after observing that over an area of 1. 29 hectares of land in Khasra No. 307 there is an orchard of Lichi and Mango, over 0. 124 hectare, north of the said plot, there is a floor mill and over 0. 032 hectare of plot No. 308 there is abadi but remain ing 0. 167 hectare of land on the spot is vacant which is said to have been leased earlier by the Nazul Department but the period has elapsed on which a Workshop and Bus-stand can be erected on which 60 buses can be accommodated.

(3.) SRI Sameer Sharma, learned Coun sel appearing on behalf of the Corpora tion, contended that in view of the un disputed facts the land in question are in possession of the Corporation, yet it has not been impleaded as a party-respondent and thus the writ petition is liable to be dismissed on the ground of non- implead ment of this necessary party alone.