LPA No.483 of 2011 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Letters Patent Appeal No.483 of 2011 (O&M) Date of decision: 20.7.2011 M/s Sushil Kumar Aggarwal ...Appellant Versus State of Haryana and others ...Respondents CORAM: HON'BLE MR.JUSTICE ADARSH KUMAR GOEL, ACTING CHIEF JUSTICE HON'BLE MR.JUSTICE AJAY KUMAR MITTAL Present: Mr.VB Aggarwal, Advocate for the appellant. Adarsh Kumar Goel, ACJ. This appeal has been preferred against order of learned Single Judge dismissing the writ petition in absence of necessary parties being impleaded. We have heard learned counsel for the appellant. Learned counsel for the appellant submits that sale of plots took place during pendency of the writ petition and in such a situation, it was not necessary to add the affected parties as party. Reliance has been 1 LPA No.483 of 2011 placed on judgment of Hon’ble the Supreme Court in Sunil Gupta v. Kiran Girhotra and others, (2007) 8 SCC 506. We are unable to accept the submission. The fact remains that issue of eligibility of the appellant and ineligibility of the persons to whom plots have been allotted has to be gone into which cannot be done in absence of the affected parties. The judgment relied upon is distinguishable on this fact situation. Therein, status of transferees was not in issue. Accordingly, the view taken by learned Single Judge cannot be held to be erroneous. The appeal is dismissed. It is, however, made clear that the appellant will not be debarred from taking fresh proceedings after impleading the necessary parties, if permissible, in accordance with law. (Adarsh Kumar Goel) Acting Chief Justice July 20, 2011 (Ajay Kumar Mittal) ‘gs’ Judge 2