MOHAMMAD HANIF Vs. IVTH ADDL. DISTRICT JUDGE

JUDGEMENT

(1.) THIS writ petition is directed against an order whereby the revisional court has set aside the order of petitioner's impleadment as a party in suit. There is no error apparent on the face of record. The petitioner can file a suit in which any decree passed in present suit shall not be binding on him. According to averments made in writ petition the Town Area, Jahanabad, Pargana Kora, district Fatehpur has entered into a compromise with plaintiff in respect of a piece of land which is alleged to be public way. The Town Area initially filed written statement contesting the case but now the Administrator of the Town Area has admitted the case of plaintiff. The constructions were initially claimed by Town Area to be on public way but now the plaintiff's case is being conceded by Administrator. As the Administrator has changed the stand of Town Area in respect of public way, it requires attention of District Magistrate who is directed to see that there is no collusion by Administrator and plaintiff and in case he finds any collusion in the matter he will do needful to protect the interest of Town Area. The District Magistrate will also direct the Administrator to move the Court concerned so that the compromise is not recorded by the Court till the District Magistrate satisfied himself in this respect.

(2.) SUBJECT to aforesaid observations the writ petition is dismissed.