Full Judgment Text
NONREPORTABLE
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL No.2799 OF 2011
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
connected writ petitions.
Digitally signed by
ANITA MALHOTRA
Date: 2018.09.11
17:44:41 IST
Reason:
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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
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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.
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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
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