Rajasthan High Court - Jaipur
Abhiyan Peoples Voice vs State Of Rajasthan Through Chief ... on 13 February, 2020
Bench: Chief Justice, Ashok Kumar Gaur
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
D.B. Civil Writ Petition No. 17036/2015
Abhiyan People S
----Petitioner
Versus
State Of Raj And Ors
----Respondent
For Petitioner(s) : Mr.Ajay Kumar Jain For Respondent(s) : Mr.Deepak Bishnoi for Mr.RP Singh, AAG Ms.Alisha Chopra & Ms.Gunjan Pareek for Ms.Suruchi Kasliwal HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE ASHOK KUMAR GAUR Order 13/02/2020 The matter comes up on an application bearing No.8878/2019 filed by the applicant for his impleadment as party respondent in the present writ petition.
Learned counsel for the applicant submitted that the applicant has purchased the land bearing Khasra Nos.114,116,117,120,121,122,123/231,145/226,170, 171, 172 & 173 totaling 2.74 hectares by way of three separate registered sale deeds.
Learned counsel submitted that the prayer sought in the writ petition affects rights of the applicant and in case, the prayer, which is sought by the petitioner is allowed, valuable right of the applicant would be affected and as such, the applicant is a necessary party to the writ petition. (Downloaded on 18/02/2020 at 09:40:57 PM)
(2 of 2) [CW-17036/2015] Learned counsel, appearing for the petitioner and respondent State, have opposed impleadment of the applicant as party respondent in the present writ petition.
Both the learned counsel submitted that the forest land is being not earmarked by the State department properly and further, no rights can be created in respect of forest land, even by way of registered sale deed.
Learned counsel also submitted that Power of Attorney holder of one representative of the applicant has filed the application for impleadment and as such, the very locus of Power of Attorney is not available and the same person is not required to be impleaded as party respondent.
Considering the averments made in the application and the prayer, which is sought in the writ petition, this Court deems it proper to allow the application of the applicant for his impleadment as party respondent.
Accordingly, the application for impleadment is allowed. The applicant is ordered to be arrayed as respondent in the writ petition. Amended cause title, already filed along with the application, is ordered to be taken on record.
Learned counsel for the petitioner and the State will be free to raise all the objections and to file their pleadings in respect of rights of the parties.
Let this case be listed on 6th March, 2020. (ASHOK KUMAR GAUR),J (INDRAJIT MAHANTY),CJ Preeti Asopa / Monika / 113 (Downloaded on 18/02/2020 at 09:40:57 PM) Powered by TCPDF (www.tcpdf.org)