ALLAHABAD HIGH COURT
JULEKHA KHATOON – Appellant
Versus
STATE OF U.P. AND 3 OTHERS – Respondent
WRIB 2030 2023
Neutral Citation No. - 2023:AHC:149052
Court No. - 48
Case :- WRIT - B No. - 2030 of 2023
Petitioner :- Julekha Khatoon
Respondent :- State Of U.P. And 3 Others
Counsel for Petitioner :- Rakesh Singh
Counsel for Respondent :- C.S.C.
Hon'ble Saurabh Shyam Shamshery,J.
Petitioner is aggrieved that respondent no.4 has
wrongly been made party by impugned order dated
08.05.2023 passed by Deputy Director of
Consolidation, Ghazipur.
Sri Rakesh Singh, learned counsel for petitioner
submits that basis of the order to allow his application
for impleadment was already set aside in subsequent
proceedings and these submissions were not considered
by Authority concerned.
The grievance of petitioner can still be considered as
the matter has to be heard finally by Deputy Director
of Consolidation. Only by becoming a party does not
create any right in favour of said person. All
contentions available with petitioner can be raised
before Deputy Director of Consolidation who is bound
to consider the same in accordance with law.
Therefore, without interfering with the impugned
order, this writ petition is disposed of with an
observation that contentions of petitioner as well as
respondents will be considered on its own merit and
may not be rejected only on the ground that
contesting respondent no.4 was made party on the
basis of vasiyat.
Order Date :- 26.7.2023
Nirmal Sinha
Digitally signed by :-
NIRMAL SINHA
High Court of Judicature at Allahabad
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