SHRI KISHAN Vs. STATE OF RAJASTHAN AND ORS.

JUDGEMENT

(1.) The present petition was listed in the Court yesterday. During the pre-lunch session, it was requested by learned Counsel for the petitioner that the learned revisional Court is going to decide the matter today (3.1.2006) itself and, therefore, the matter may be heard out of turn today. After hearing, ad interim order was passed on 3. 1.2006 at 12.55 P.M. After the lunch-break, at 2 O'clock, learned Counsel Shri Vinod Bhadu and Shri Manish Dadhich appeared and made a request that in the case they have already filed memo of appearance but the case was heard out of turn due to urgency shown by learned Counsel for the petitioner and thus stay order has been obtained. They, therefore, prayed that the case be listed on (4.1.2006) for hearing and, for the same, they have also filed application for recalling the order dated 3.1.2006. Upon that application, permission was granted to list the case today (4.1.2006).

(2.) Heard learned Counsel for the parties.

(3.) The petitioner has challenged order dated 12.12.2005 whereby the non-petitioner nos. 5 to 15 were impleaded as party in the revision petition. It is contended by the learned Counsel for the petitioner that the application for impleading them as party respondents was already rejected by the learned ADM City, Sri Ganganagar vide order dated 1.10.2005. The non-petitioners nos. 5 to 15 have not challenged the said order and a fresh application was filed before the revisional Court, therefore, the revisional Court has committed error while allowing the non-petitioners nos. 5 to 15 as party in the revision petition. Per contra, the learned Counsel for the non-petitioners no. 5 to 15 stated that though their application was rejected by the ADM City, Sri Ganganagar on 1.10.2005 but the same has been challenged by them by way of filing the miscellaneous petition pending before this Court as S.B. Criminal Misc. Petition no. 1154/2005 which is listed today itself.