D.S. Kauntae v. Govt of NCT of Delhi and Ors.

Delhi High Court · 25 Nov 2019 · 2019:DHC:6317-DB
D.N. Patel; C. Hari Shankar
W.P.(C) 9778/2018
2019:DHC:6317-DB
constitutional petition_dismissed

AI Summary

The Delhi High Court dismissed a PIL challenging a society's registration for non-impleadment of the society as a necessary party, emphasizing the requirement of proper party joinder.

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W.P.(C) 9778/2018
HIGH COURT OF DELHI
Date of Decision: 25th November, 2019
W.P.(C) 9778/2018
D.S. KAUNTAE ..... Petitioner
Through: Petitioner in person
VERSUS
GOVT OF NCT OF DELHI AND ORS. ..... Respondents
Through: Mr. Anupam Srivastava, ASC with Mr. Dhairya Gupta, Adv. for R-1 and R-4 to R-7
Mr. Vijender Pal Singh, Adv. for R-2 & R-3
CORAM:
HON'BLE THE CHIEF JUSTICE
HON'BLE MR. JUSTICE C.HARI SHANKAR
JUDGMENT
D.N. PATEL, Chief Justice (Oral)

1. This so-called Public Interest Litigation has been preferred against a society which is registered unauthorizedly and illegally as alleged by this petitioner. Several allegations have been levelled against a society which is already registered since several years but the said society is not joined as party respondent for the reasons best known to the petitioner.

2. In view of the aforesaid facts, we hereby dismiss this writ petition for want of impleading necessary party/respondent, reserving liberty with this petitioner to file afresh with proper memo of parties, averments, allegations and annexures.

3. We, therefore, refrain from entering any observations on the 2019:DHC:6317-DB W.P.(C) 9778/2018 allegations levelled by the petitioner in the writ petition. CM APPL.38099/2018 (Stay), CM APPL.40206/2018 (Directions) & CM APPL.39505/2019

4. In view of the final order passed in W.P.(C) 9778/2018, these applications stand disposed of.

CHIEF JUSTICE C.HARI SHANKAR, J NOVEMBER 25, 2019 ns