THE HON'BLE THE CHIEF JUSTICE SATISH CHANDRA SHARMA
AND
THE HON'BLE SRI JUSTICE UJJAL BHUYAN
WRIT APPEAL No.138 of 2021
JUDGMENT: (Per the Hon'ble the Chief Justice Satish Chandra Sharma)
The present Writ Appeal is arising out of order dated
06.10.2020 passed in W.P.No.16334 of 2020.
The facts of the case reveal that respondent No.1 in the
present Writ Appeal has preferred a Writ Petition under Article 226 of the Constitution of India with a prayer that the Tahsildar is not taking appropriate steps for mutating his name in the revenue records in terms of the final decree passed in O.S.No.98 of 1988 by the Junior Civil Judge, Gajwel. It was also stated by respondent No.1/writ petitioner before the learned Single Judge that he is entitled for certain benefits under the Rythu Bandhu Scheme.
The present appellants before this Court are aggrieved by the orders passed by the learned Single Judge and their contention is that partition took place in the matter and the wife of respondent No.1, who was given a share by the Tahsildar, has sold her share to the present appellants and, therefore, to that extent the order passed by the learned Single Judge is bad in law.
At this stage, learned counsel for respondent No.1/writ petitioner has stated before this Court that there is a serious dispute between the husband and the wife and the Tahsildar has passed an order of partition.
In the considered opinion of this Court, once a sale deed was executed in favour of the present appellants, in all fairness, they should be impleaded as respondents in the main Writ Petition. 2
Resultantly, the Writ Appeal is allowed and the order passed by the learned Single Judge is hereby set aside. The matter is remanded back to the learned Single Judge to decide the issue afresh after hearing the present appellants as well as all parties, who are parties to W.P.No.16334 of 2020. It is needless to mention that respondent No.1/writ petitioner shall also be free to take recourse to the remedies available under law for challenging the order passed by the Tahsildar in respect of partition. The present appellants shall be free to file an appropriate application for impleadment in W.P.No.16334 of 2020 and the learned Single Judge shall hear the present appellants as well as the respondents on merits before passing a final order.
Office is directed to list the matter before the learned Single Judge on 08.11.2021.
Pending miscellaneous petitions, if any, shall stand closed. There shall be no order as to costs.
__________________________________ SATISH CHANDRA SHARMA, CJ ______________________________ UJJAL BHUYAN, J 22.10.2021 ES