LOUKRAKPAM RUPNARAIN SINGH Vs. STATE OF MANIPUR

JUDGEMENT

(1.) IT is fairly well settled that in the absence of proper relief sought for in the writ petition, the court cannot grant the relief and also that the court cannot grant the relief which is not sought for in the writ petition. It is also the settled principles of law that writ petition, by no stretch of imagination, cannot be equated with the declaratory suit in which declaratory decree could be granted. It is too late for the day to pray a relief in the writ petition which would adversely affect other officers without impleading them parties in the writ petition inasmuch as a party cannot be suffered adversely either indirectly or directly by reason of an order passed by any court of law which is not binding to him. Over and above, the order of the court in a proceeding/suit/writ petition in which a person is not party is not binding to him. In the instant writ petition, the writ petitioner not only sought for a declaratory relief but also for a direction/writ to the respondents for putting the name of the petitioner above the Assistant Agriculture Officers/equivalent whose names appear at Sl. Nos. 28 to 70 of the final seniority list dated 18. 11. 1998 without making them parties in the writ petition. Because of such inherent defects this writ petition deserves to be dismissed with cost. But cost is not imposed taking into consideration of the bonafide lack of knowledge of the petitioner in putting up the writ petition in proper form.

(2.) HEARD Mr. Ng. Kumar, learned counsel for the petitioner as well as Mr. R. S. Reisang, learned GA for respondent No. 1 and Mr. Kh. Mani, learned counsel for respondent Nos. 2 and 3.

(3.) THE writ petitioner filed the present writ petition for the relief which reads as follows :