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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.
Gujarat High Court Cites 12 - Cited by 6 - M P Thakkar - Full Document

State Of Bihar vs Union Of India & Anr on 19 September, 1969

Countering the above arguments, Mr. C.S. Vaidyanathan, senior counsel appearing for the petitioner - State Government has submitted that even though the petitioner - State Government has filed the writ petitions, they are only questioning the provisions of the Central Act in the context of the constitutional scheme and particularly on the question of encroaching the judicial powers of the State and that in any event, as the parties are not only the State Government and the Central Government but as there are private indiv legal proposition applicable is one rendered by the Supreme Court in STATE OF BIHAR v. UNION OF INDIA (1970 (1) SCC 67) and UNION OF INDIA v. STATE OF RAJASTHAN (1984) 4 SCC 238). Mr. V.T. Gopa that private individuals impleaded are not necessary parties and their presence should be ignored, that this Court should assume that the lis is inter se only the State Government and the Central Government and that the Writ Petitions should be dismissed as not maintainable under Article 226 of Constitution of India.
Supreme Court of India Cites 19 - Cited by 33 - G K Mitter - Full Document
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