State Of Rajasthan & Ors. Etc. Etc vs Union Of India Etc. Etc on 6 May, 1977
6. We may now refer to the judgment of the Supreme Court in State of Rajasthan and Ors. v. Union of India, on which reliance was placed by the learned Senior Counsel for the appellants to contend that the writ petition filed by them along with the State of Sikkim was maintainable. We have carefully gone through this judgment and find that it supports the view that we have taken. Their Lordships of the Apex Court have observed in paragraph 133 that there are two limitations in regard to the nature of the dispute which could be entertained by the Supreme Court. One is in regard to the parties and the other is in regard to the subject-matter. We have already found that the subject-matter of the dispute in the case before us is essentially the legal right of the State of Sikkim and that there is no involvement of any private party in the subject-matter of the lis and it was not necessary for the appellants to join the State of Sikkim as petitioners in the writ petition. It appears that the State of Sikkim joined its own agents and sub-agents only to take the case out of the purview of Article 131 of the Constitution which in our opinion is not permissible.