HANSA DEVI Vs. DIRECTOR, LOCAL SELF GOVT. DEPARTMENT

JUDGEMENT

(1.) The petitioner has preferred the present writ petition aggrieved by the order dtd. 15/5/2023 passed by the Director, Local Bodies, whereby the application filed by the private respondent for seeking impleadment as party respondent was allowed in the pending appeal filed by the petitioner.

(2.) Learned counsel for the petitioner while arguing the writ petition submitted that a patta was issued in favour of the present petitioner by the respondent No.2 - Municipal Council on 19/3/2021. Based on a complaint, the respondent - Municipal Council issued a notice to the petitioner on 24/5/2022, followed by another notice dtd. 22/11/2022 and proceeded to cancel the patta issued in favour of the petitioner while exercising the power under Sec. 73-B of the Rajasthan Municipalities Act, 2009 ('the Act of 2009') vide order dtd. 6/1/2023.

(3.) Per contra, learned counsel appearing for the respondent No.3 submitted that the respondent No.3 is directly concerned with the outcome of the appeal. It is submitted that the respondent is having title based on registered patta (lease deed) over the disputed plot and if the appeal is allowed and patta is restored, then his rights would be adversely affected. It is further submitted that no prejudice would be caused to the petitioner if the private respondent is heard by the Director, Local Bodes while deciding the appeal.