Ajeet Singh S/O Onar Singh vs Amarjeet Singh S/O Shri Sharwan ...
2023 Latest Caselaw 337 Raj/2

      HIGH COURT OF JUDICATURE FOR RAJASTHAN
                  BENCH AT JAIPUR

               S.B. Civil Writ Petition No. 12852/2022

Ajeet Singh S/o Onar Singh, Aged About 66 Years, R/o
Daulatpura, Tehsil Khandar, District Sawaimadhopur.
                                                                       ----Petitioner
                                     Versus
1.     Amarjeet Singh S/o Shri Sharwan Singh Sardar, R/o
       Daulatpura, Tehsil Khandar, District Sawaimadhopur.
2.     Rajan Alagh S/o Kuldeep Alagh Khatri, R/o Daulatpura,
       Tehsil Khandar, District Sawaimadhopur.
3.     Ramji Lal S/o Banshi Lal Jat, R/o Daulatpura, Tehsil
       Khandar, District Sawaimadhopur.
4.     Rajrani W/o Shri Bhupendra Singh, R/o 34, Alkapuri,
       Murlipura Extn. Jaipur.
5.     Bhupendra Singh S/o Shri Sher Singh, R/o 34, Alkapuri,
       Murlipura Extn. Jaipur.
6.     Anoop Singh S/o Ranveer Singh, R/o 34, Alkapuri,
       Murlipura Extn. Jaipur.
7.     Indrajeet Singh S/o Ranveer Singh, R/o 34, Alkapuri,
       Murlipura Extn. Jaipur.
8.     State     Of      Rajasthan,          Through          District     Collector,
       Sawaimadhopur.
9.     Allotment Advisory Committee, Khandar, Through Sub-
       District Collector, Khandar (Sawaimadhopur)
10.    Tehsildar, Khandar District Sawaimadhopur.
11.    Mahendra Singh S/o Hardut Singh, R/o Daulatpura, Tehisl
       Khandar, District Sawaimadhopur
12.    Hanuman Singh S/o Ramhet, Aged About 49 Years, (Now
       Name Deleted)
13.    Ramcharan        S/o     Laddu,       Aged      About      49     Years,   R/o
       Daulatpura, Tehsil Khandar, District Sawaimadhopur.
14.    Vinit Kumar S/o Lavva Shah, Aged About 62 Years, R/o
       Daulatpura, Tehsil Khandar, District Sawaimadhopur.
                                                                  ----Respondents

For Petitioner(s) : Mr. J.K. Moolchandani

(2 of 3) [CW-12852/2022]

For Respondent(s) :

HON'BLE MR. JUSTICE INDERJEET SINGH

Order

11/01/2023

This writ petition has been filed by the petitioner challenging

the order dated 23.5.2022 whereby the application filed on behalf

of the respondents-applicants under Order 1 Rule 10 CPC was

allowed by the trial Court.

Brief facts of the case are that the petitioner-plaintiff filed a

suit for declaring the judgment and decree passed by the Court

dated 17.2.2010 as null and void. During pendency of the suit

proceedings learned trial Court ordered for issuance of public

notice in the newspaper to the effect that if any person is

interested to participate in the suit proceedings he/she can appear

and file his application in this regard. Thereupon the

respondents-applicants filed application under Order 1 Rule 10

CPC. which was allowed by the learned trial Court vide dated

23.5.2022. Hence, this writ petition has been filed by the

petitioner challenging the order dated 23.5.2022.

Learned counsel for the petitioner submitted that the

applicants have no right in the land in dispute as mentioned in

their application as well as in their affidavit.

Heard counsel for the petitioner and perused the record.

This writ petition filed by the petitioner deserves to be

dismissed for the reasons; firstly the land in dispute is a

charagah land and belongs to the government secondly, the

respondents-claimants have filed the application for impleading

the applicants as party in the suit proceedings in pursuance to the

(3 of 3) [CW-12852/2022]

public notice issued under the directions of the trial Court; lastly

no prejudice has been caused to the petitioner by passing of the

order dated 23.5.2022 by the learned trial Court, therefore, in the

facts and circumstances of the case present case, in my view no

case is made out for interference by this Court under Article 227

of the Constitution of India.

Hence, this writ petition is dismissed.

(INDERJEET SINGH),J

ANAND TANWAR /46

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