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Directions cannot be given by HC of general or public importance without there being any pleadings or prayer in Writ Petition: SC

The SC on July 15, 2021 {SACHIN KASHYAP & ORS. vs. SUSHIL CHANDRA SRIVASTAVA & ORS.} held that since there were neither pleadings nor any prayer with regard to the playing of music or DJ in public place, the direction of the High Court, with regard to the noise generated by DJ and restriction on playing music, cannot be justified in law. It was held that the Writ Petition having been filed for a particular cause and with a particular prayer cannot be expanded to cover within its ambit all the issues which may be of general or public importance without there being any pleadings or prayer with regard to a particular issue.

It was also held by the Bench, comprising of Justice VINEET SARAN and Justice DINESH  MAHESHWARI, that in its view, no such directions could have been issued, especially in a private litigation which was not in the nature of Public Interest Litigation. It was held that particularly, because prior to passing any such order of public importance, the affected parties should be impleaded, at least in a representative capacity, which is not done in the present case. It was further held that the appellants herein are the affected parties who were neither impleaded nor given any opportunity to present their case. 

In view of the above, the  appeals were allowed by the SC.

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