KARAN SINGH NINAYAK Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) By an application dated 19th February, 1999, the writ petitioner made a prayer to implead Md. Ali Monad, the then District Land and Land reforms Officer and A.S.O., Barasat, 24 Parganas (N) as respondent No. 8 and the Deputy Land and Land Reforms Officer, A.S.O. 24-Parganas (N) as respondent No. 9. The writ petitioners filed the writ petition under Article 226 of the Constitution of India before a learned Single Judge, which, eventually, appeared before a Division Bench Judge and was disposed of on 11th June 1997. The respondents State, being aggrieved by and affected with the judgment of the Division Bench preferred a Special Leave Petition in Civil Appeal No. 8827 of 1997 before the Hon'ble Supreme Court.

(2.) The Hon'ble Supreme Court by the judgment dated 9th November, 1998 set aside the judgment of the Division Bench and remitted the matter again to decide the same in accordance with the law without going into the merits of the case of the respective parties. It was inter alia directed that the writ petition would be withdrawn from the learned Single Judge and be heard and disposed of by the Appellate Court with the concurrence of both the parties. The Hon'ble Supreme Court has also permitted this Court to pass any other interim order of status quo. The parties have been further permitted to pray for further interim order/orders as may be thought necessary by them. After the matter appeared in this Court for further hearing, the respondent, State, with the leave of the Court filed a supplementary affidavit. It has been, inter alia stated that the writ petition without impleading the Deputy District Land and Land Reforms Officer, 24-Parganas (N) who passed the vesting order on 15.5.1995 must fail.

(3.) Upon receipt of the copy of the supplementary affidavit, the writ petitioner filed this application to implead the then Deputy Land and Land Reforms Officer Md. Ali Monad as respondent No. 8. The opposite parties have also filed their affidavit-in-opposition controvert all such allegations made by the writ petitioners.