MAST RAM Vs. STATE OF J&K

JUDGEMENT

(1.) THE instant appeal under Clause 12 of the Letters Patent is directed against interim order dated 15.11.2011 passed in CMP no. 1235/2010 by the learned Single Judge of this Court.

(2.) THE appellants had approached the learned Single Judge with a prayer that the writ petitionerrespondents 6 to 13 have filed a petition being OWP no. 262/2010 challenging order dated 10.12.2009 passed by the District Magistrate, Samba. According to the aforesaid order a committee has been constituted by Tehsildar, Samba vesting Administration, Management & Governance of Shri Goran Baba Shrine and Shrine funds (for brevity the Shrine) in that Committee. The aforesaid order has been subject matter of challenge before the Writ Court and the District Administration has been impleaded as party. The appellants filed an application bearing no. CMP no. 1235/2010 with a prayer for their impleadment as party respondent in OWP no. 262/2010. The learned Single Judge dismissed the application with the observations that the appellants were not necessary party as challenge concerning the order of the District Magistrate, Samba filed by the writ petitioner-respondents 6 to 13 could be decided without their presence. Accordingly, CMP no. 1235/2010 was dismissed and feeling aggrieved the appellant-applicants have filed the instant appeal.

(3.) AS a sequel to the above discussion, this appeal succeeds. The application bearing no. CMP no. 1235/2010 for impleadment of the appellants as party respondent is allowed. The appellants are held entitled to file their objections to the writ petition before the learned Single Judge at the earliest preferably within a period of two weeks. The appellants shall be entitled to participate in the proceedings before the learned Single judge.