Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Constitution of India which was .allotted to him - Various complaints against him - Enquiry ordered 1950 -Art.226 - Right to assail .·appellate order in writ jurisdiction - Concept of necessary . and proper party - Allotment and grant of licence for a fair price shop- Respondent no. 5 was running a fair price shop |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Constitution of India, 1950 — Art.226 — Right to assail “appellate order in writ jurisdiction - Concept of necessary and proper party — Allotment and grant of licence for a fair price shop — Respondent no.5 was running a fair price shop, which was allotted to him — Various complaints against him ~ Enquiry ordered — Enquiry report reflected improper distribution of essential commodities in violation of instructions — Allotment of respondent no.5 cancelled — He preferred appeal — Appellant got herself impleaded in the appeal on the ground that she had been subsequently allotted the shop after cancellation of the allotment of respondent no.5 — Appellate authority restored the allotment made to respondent no.5 and cancelled the allotment of appelfant, the subsequent allottee — Appellant preferred writ petition — High Court dismissed the same on. ground that appellant had no right to continue the litigation being a subsequent allottee — Approach of the High Court challenged — Plea that appellant was appointed as a dealer under Visually Handicapped quota; and her rights being independent.in nature, she had a right to assail the appellate order— Whether appellant was a necessary party to the lis and the writ court was obliged to adjudicate the controversy on merits — Held: In the instant case, the shop in question had become vacant — The appellant was allotted the shop, may be in the handicapped quota but such allatment is the resultant factor of the said shop falling vacant — The original allottee, that is respondent no.5, assailed his cancellation and ultimately succeeded in appeal — Appellant was neither a necessary nor a proper party — The appellate authority permitted her to participate but that neither changes the situation nor does it confer any legal status on her — She would have continued to hold the shop had the original allottee lost the appeal — She cannot assail the said order in a writ petition because she is not a necessary party — It is the State or its functionaries, who could have challenged the same in appeal -—They have maintained sphinx like silence in that regard — Be that as it may, that would not confer any locus on the subsequent allottee to challenge the order passed in favour of the former allottee — She is a third party to the lis in this context - Appellant, the writ petitioner before the High Court, was trying to establish her right in an independent manner, that is, she has an independent legal right — It is extremely difficult .to hold that she has an independent legal right — It was the first allottee who could have continued in law, if his licence would not have been cancelled — He was entitled in law to prosecute his cause of action and restore his legal right - Restoration of the legal right is pivotal and the prime mover— The eclipse being over, he has to come back to the same position — His right gets revived and that revival of the right cannot be dented by the third party — Appeal dismissed.. Doctrines/ Principles — Doctrine of natural justice — Held: The basic principle behind the doctrine of natural justice, is that, no order should be passed behind the back of a person who is to be adversely affected by the order— However, natural justice is not an unruly horse — Its applicability has to be adjudged regard being had to the effect and impact of the order and the person who claims to be affected; and that is where the concept of necessary party become significant — In absence of a necessary party, no adjudication can take place and, in fact, the non-joinder would be fatal to the case — Code of Civil Procedure — Necessary party. Judgments / Orders ~ Ratio decidendi — How to scertain — Held: A ratio of a decision has to be understood its own context, regard being had to the factual exposition if there has been advertence to precedents, the same has | be seen to understand and appreciate the true ratio. |
Judge | Honble Mr. Justice Dipak Misra |
Neutral Citation | 2015 INSC 813 |
Petitioner | Poonam |
Respondent | State Of U.p. & Ors. |
SCR | [2015] 14 S.C.R. 565 |
Judgement Date | 2015-10-29 |
Case Number | 6774 |
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