GURCHARAN SINGH Vs. DIVISIONAL COMMISSIONER BIKANER

JUDGEMENT

(1.) THE petitioners have challenged in this petition the impugned order dated 31.1.1991, (Annex. 2) passed by the Collector, Sriganganagar exercising his powers as a Chief Settlement Commissioner under Section 24 of the Displaced Persons (Compensation and Rehabilitation) Act, 1954 (for short the 'Act'), whereby, he allowed the revision petition filed by the private respondent No. 3 and set aside the sanads No. 10346 dated 19.4; 1974 and 10700 dated 21.5.1975 and remanded the matter to the authority for fresh decision after extending an opportunity of hearing to all the parties. They have also challenged the order at Annex.'3 dated 7.11.1996 passed by the Divisional Commissioner, Bikaner, who has dismissed their revision petition filed against the impugned order at Annex. 2.

(2.) THE impugned order at Annex. 2 is a remand order, whereby, the parties were given opportunity to lead their evidence and to prove their respective cases in their favour. Under the circumstances, when the revision petition was filed against that order, in my opinion the learned Divisional Commissioner has rightly dismissed the same. When the Divisional Commissioner refused to interfere with the remand order at Annex. 2 then this Court will not interfere with such orders in its supervisionary jurisdiction under Article 227 of the Constitution of India as there is no jurisdictional error committed by the Collector, Sriganganagar or the Divisional Commissioner while passing the impugned orders at Annexs. 2 and 3 respectively.

(3.) THIS petition is also required to be dismissed on one more ground namely that State of Rajasthan is not joined as a party respondent in this petition. It is interesting to note that at page 10 in ground (i) of this petition it was submitted that the impugned order at Annexs. 2 and 3 are without jurisdiction because the same have been passed without impleading the State of Rajasthan as party. If that is so, then all the more the petitioners were required to join State of Rajasthan as party respondent. It is well settled law that writ of certiorari cannot be issued unless and until the State Govt. is party to the proceedings.