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1970 Supreme(All) 159

H.C.P.TRIPATHI, S.N.DWIVEDI
The Khurshed Bagh Co-operative Housing Society, Ltd. , Lucknow – Appellant
Versus
Satya Devi – Respondent


Advocates:
M.P. Bajpai, for Appellants; R.M. Sahai and M. S. Srivastava, for Respondents.

Judgement

TRIPATHI, J. :- The appellant is a Co-operative Housing Society registered under the U. P. Co-operative Societies Act No. II of 1912. A small piece of land measuring about 19 biswas and 6 biswansi is being acquired by the State Government for the Society on the Lucknow-Kanpur road at a distance of four miles from the Charbagh railway station. The Society has already executed an agreement in favour of the State Government in accordance with the provisions of Section 39 of the Land Acquisition Act and has also made the necessary deposit. The validity of the acquisition proceedings which are still pending disposal before the appropriate authority was challenged by the respondents before the Lucknow Bench of this Court in Civil Misc. Writ No. 786 of 1970. The appellant Society was not made a party to the aforesaid writ petition. Accordingly the appellant Society applied for being impleaded as a party to the writ petition, inter alia, on the assertion that it was a necessary party to the proceedings. That application was rejected by a learned single Judge of the Court by his order dated August 19, 1970. This appeal is directed against that order.

2. Learned counsel for the respo













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