Babubhai Jashbhai Patel And Ors. vs Union Of India (Uoi) And Ors. on 2 September, 1982
In BABUBHAI JASHBHAI PATEL v. UNION OF INDIA (supra), the former Chief Minister and the Leader of Opposition fil
questioning the quantum of royalty payable by the Central Government
to the State of Gujarat. It was held that Article 131 of
Constitution cannot be avoided merely because the State is not a strictly a
party but projected private individuals to raise a question in the guise
of a Public Interest Litigation. In the instant case, there is no
basis to say that the private individuals, who are the accused are not necessary parties to this petition. The necessary par
subject matter. May be the private respondents, other than the accused
respondents, are not necessary parties as they are not affected
personally. But the accused respondents are the only really interested and affected parties without whose impleadment, the w
cannot be maintainable as it would be hit by non-joinder of necessary
parties.