ASHISH SHOUNAKIA Vs. SHAMBHU DAYAL SHOUNAKIA

JUDGEMENT

(1.) This petition filed under Article 227 of the Constitution is directed against the order of Board of Revenue dated 24.06.2016 (Annexure-P/6) whereby the Revision (No.510-1/16) filed by the private respondents was allowed by the Board of Revenue and orders passed by the Collector dated 28.02.2015 and Additional Commissioner dated 02.02.2016 were set aside.

(2.) Shri T.S. Ruprah, learned senior counsel advanced singular contention. He submits that in the revision, the revisionists should have impleaded the deity and temple as party respondents. In absence thereto, their revision suffered from non-impleadment of necessary parties and for this reason alone, the revisional order (Annexure-P/6) is liable to be interfered with.

(3.) Shri Vikram Johri, learned P.L. for the respondent No.5/State and Shri Bhanu Pratap Yadav, learned counsel for the private respondents opposed the said contention and supported the order dated 24.06.2016 (Annexure- P/6). It is common ground that the revenue matter was initially filed by the present petitioners before the learned Collector and the said authority passed order in favour of petitioners. The said order of Collector was unsuccessfully challenged by the revisionists/private respondents herein before the Additional Commissioner. The petitioners did not implead the deity or temple in original proceedings and did not raise this objection at any stage before any forum.