THAKOR GOVAJI AMARSANG Vs. GENERAL MANAGER

JUDGEMENT

(1.) RESPONDENT No.2 herein, seeking to be joined as party in Civil Misc. Application No.58 of 2005, which arose from judgment and decree in Special Civil Suit No.368 of 2000, filed application Exh.16 under Order 1 Rule 10 of Code of Civil Procedure, 1908 ('the Code' for sake of brevity). The learned Presiding Officer, Fast Track Court No.4, Mehsana allowed it by his order dated 30.04.2007. That order is challenged in the present petition under Article 227 of the Constitution, by the petitioner who is the plaintiff in Special Civil Suit No.368 of 2000. A related prayer is also made to set aside the order dated 16.07.2007 passed by learned Principal Sr. Civil Judge, Mehsana under Purshish Exh.72, rejecting the request of the petitioner for withdrawal of Rs.7,80,456/ deposited by defendant ONGC, pursuant to decree passed in the said Special Civil Suit.

(2.) THE facts involved are that one Thakore Govaji Amarsang, the petitioner herein, had instituted Special Civil Suit No.368 of 2000 against the ONGC for recovery of Rs.2,04,150/ by way of compensation and for mesne profits. The land bearing Survey No.815 at village Mita, Taluka Mehsana admeasuring 0 Hectors, 68 Are, 05 Sq. Mtrs. being the suit land was acquired in April, 1990 for limited period by ONGC by way of private negotiation for the public purpose of extracting crude oil from that land. According to the plaintiff he was the owner and occupier of the land entitled to compensation for loss of standing crop.

(3.) THIS Court heard Mr. R.C.Jani, learned advocate appearing for the petitioner, Mr. Sidharth Dave, learned advocate for Mr. Ajay Mehta, learned advocate for respondent No.1 and Mr. Nilesh A Pandya, learned advocate for Mr.Amit C. Nanavati appearing for respondent No.2.