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december 2008

Supreme Court of India · 2008-12-12

SHIV DUTT SHARMA (SHASTRI) vs STATE OF UP .

Citation / case number
SC 2006/27163
Court
Supreme Court of India
Petitioner
SHIV DUTT SHARMA (SHASTRI)
Respondent
STATE OF UP .
Author
R.V. RAVEENDRAN,D.K. JAIN, , ,
Bench
R.V. RAVEENDRAN,D.K. JAIN, , ,

Judgment text excerpt

The Supreme Court held that the non-impleading of the State Government in a writ petition does not automatically lead to dismissal, especially after a prolonged period of 23 years. The Court emphasized that the rigid principles regarding necessary parties in suits do not strictly apply to writ proceedings under Article 226. The appeal was allowed, the Division Bench's order was set aside, and the matter was restored for disposal on merits, ensuring the State Government would be heard despite not being a formal party in the original writ petition.

SHIV DUTT SHARMA (SHASTRI) vs STATE OF UP . · Niyam