THE HON'BLE THE CHIEF JUSTICE SATISH CHANDRA SHARMA
AND
THE HON'BLE SRI JUSTICE N. TUKARAMJI
WRIT APPEAL No.842 of 2019
JUDGMENT: (Per the Hon'ble the Chief Justice Satish Chandra Sharma)
The present writ appeal is arising out of the order
dated 24.09.2019 passed by the learned Single Judge in
W.P.No.18870 of 2019.
The facts of the case reveal that the writ petition
was preferred by the respondent No.6 herein stating that
the revenue authorities are not mutating her name. In the writ petition, the appellants herein were not impleaded as the respondents, even though there is a civil suit pending between the appellants and the respondent No.6. The learned Single Judge has directed the Tahsildar to take action on the writ petitioner's application for issuance of pattadar pass books and title deeds.
In the considered opinion of this Court, in all fairness, the present appellants should have been impleaded as the respondents and therefore, the order passed by the learned Single Judge is hereby set aside. The appellants are permitted to file an application for impleadment before the learned Single Judge and the learned Single Judge is requested to hear the present 2 appellants as well as the respondent No.6 while passing a fresh order in the matter.
Office is directed to list W.P.No.18870 of 2019 before the learned Single Judge having roster on 27.12.2021.
With the aforesaid, the writ appeal stands disposed of. The miscellaneous applications pending in this writ appeal, if any, shall stand closed. There shall be no order as to costs.
___________________________ SATISH CHANDRA SHARMA, CJ ___________________________ N. TUKARAMJI, J 01.12.2021 vs