PANCHAYATI RAM LILA GROUND Vs. STATE OF HARYANA

JUDGEMENT

(1.) ORDER dated 21.2.2014 [Annexure P/14], passed by Sub Divisional Officer [Civil] exercising the powers of Collector, Hissar, whereby application of the respondents, petitioners herein, dated 9.4.2013 for dismissing the petition [Annexure P/9] was dismissed, whereas, application dated 24.4.2013, filed by applicants, Krishna Babbar and Bhim Singh Saini for their impleadment as parties to the petition, was allowed, is under challenge in this revision petition.

(2.) INSTITUTED by the State of Haryana through Collector, Hissar c/o Tehsildar [Sales], Hisar, now respondents, a petition under Section 4, 5 and 7 of the Haryana Public Premises and Land [Eviction and Rent Recovery] Act, 1972 [for short, "the Act"] claiming that the respondents are in illegal possession by raising construction over the land in dispute, is pending at Hansi for adjudication before the Sub Divisional Officer [Civil] exercising the powers of Collector, Hisar [hereinafter referred to as "the Authority below"] for getting the land vacated from them.

(3.) IN this petition, it is claimed that the respondents -applicants are having competing interest with the petitioners, which has been concealed in the proceedings. It is urged that a suiter is dominus litis and cannot be forced to contest against unwanted parties. It is urged that State of Haryana, which had initiated the proceedings for eviction under the Act, had also opposed the application of the respondents -applicants for impleadment as parties in the proceedings before the concerned Authority below. It is claimed that conduct of other respondents is also contumacious. Merely because the applicants -respondents had earlier filed a Public Interest Litigation [PIL] wherein orders dated 1.12.2012 [Annexure P/1] were passed, which later, on filing of a review petition, were modified to order dated 17.1.2013 [Annexure P/3] does not have any impact on the impugned order because only limited scope of participation in the proceedings pending before the Authority below has been given to them. Relevant portion of the impugned order is reproduced as below : -