CHHATRAVEER SINGH Vs. COLONEL BHAWANI SINGH

JUDGEMENT

(1.) This intra court appeal is directed against order dated 24.11.17 passed by the learned Single Judge of this court, dismissing the writ petition preferred by the appellant against the order dated 4.10.17 passed by the Divisional Commissioner, rejecting an application filed by him for impleading him as party to the proceedings. The appellant has also challenged the legality of the order dated 30.10.17 passed by the Divisional Commissioner, whereby the appeal preferred by the first respondent, questioning the legality of the patta of the disputed land issued in favour of late Shri Ramsingh represented by his legal representative Smt. Kailash Kanwar, proforma respondent herein, has been allowed.

(2.) Precisely, the case set out by the appellant before the learned Single Judge was that the appellant had purchased disputed plot no.189-ZSB vide registered sale deed from late Shri Ramsingh and thus, being bonafide purchaser for value he ought to have been impleaded as party to the proceedings pending before the Divisional Commissioner, wherein the legality of the patta issued in favour of the appellant's predecessor in title was questioned. According to the appellant, the patta of the disputed plot was admittedly issued by Jodhpur Development Authority in favour of late Shri Ramsingh and thus, the appellant claiming the title over the disputed land on the strength of the sale deed executed in his favour, duly registered, could not have been denied an opportunity of hearing.

(3.) A perusal of the impugned order reveals that the learned Single Judge while noticing the startling fact of the case, where the patta of the disputed plot was obtained by the appellant's predecessor in title by committing fraud, keeping in view the fact that the appeal was allowed by the Divisional Commissioner, extended an opportunity of hearing to the appellant to canvas his arguments on the merits of the case.