Abhinava Upadhya, J.

Heard learned counsel for the petitioner and the learned Standing Counsel appearing for the State-respondents. Sri Diwakar Singh, learned counsel has put in appearance on behalf of Gaon Sabha-respondent no.4.

2. By means of this writ petition the petitioner has come up to this Court challenging the proceedings initiated under Section 176 of the UPZA&LR Act by which a suit for partition has been filed by the respondents.

3. Learned counsel for the petitioner submits that the suit for partition is with regard to Abadi land, which is a gaon sabha land and as such, the said suit is not maintainable. It is further submitted that the State Government is a necessary party but in the said suit the State has not been made a party.

4. Learned counsel for the petitioner has relied upon a decision of the Hon'ble Supreme Court in the case of Chairman-cum-Managing Director, Coal India Limited and others Vs. Ananta Saha and others, reported in (2011) 5 SCC 142 .

Paragraphs no.32 and 33 are quoted herein below:

"32. It is a settled legal proposition that if initial action is not in consonance with law, subsequent proceedings would not sanctify the same. In such a fact-situa