AWADH KISHORE PANDEY Vs. LALMANI PANDEY

JUDGEMENT

(1.) The writ petition has been filed under the Provision of Article 227 of the Constitution of India in its revisional jurisdiction, wherein the order dtd. 1/8/2018 passed in Original Suit No. 68 of 2017 has been challenged, whereby and whereunder, an application filed under Order-I, Rule-10 read with Sec. 151 of Code of Civil Procedure, has been rejected.

(2.) The brief facts of the case of the petitioner as per the pleading made in the writ petition is that the plaintiffs of the Original Suit No. 68 of 2017 have transferred the suit land to the defendant, through sale deed No. 405/393 dtd. 7/3/2017. The land of the petitioner is in adjacent to the northern boundary of the suit land, and as such, they are adjoining raiyats of it. So, under the Provision of Sec. 16(3) of Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land) Act 1961 (Bihar Act XII of 1962), they have filed a pre-emption application before the Deputy Collector-in-charge Land Reforms, Garhwa, being L.C. Case No.01 of 2017-18 and they have claimed their right of pre-emption, as adjoining raiyat of suit land. It is further case of the petitioner that the suit land has been transferred in favour of the petitioner, for which, the consideration amount has been paid, but in contravention of the agreement between the parties, the suit land has been transferred in favour of others and, hence, on this ground also, the petitioner is having right over the said land. Therefore, he is necessary party to the aforesaid original suit, but consiously the aforesaid suit has been filed without impleading him as party to the aforesaid suit, therefore, an application under Order-1, Rule-10 of Code of Civil Procedure has been filed.

(3.) The aforesaid application has been rejected by the trial court, against which, the instant writ petition has been filed under the revisional jurisdiction of this Court under Article 227 of the Constitution of India. Learned counsel for the petitioner has taken the ground, assailing the aforesaid order that since the pre-emption application has been filed in the capacity of being the adjoining raiyat of the land in question and earlier an agreement has been entered for transfer of the land in question, therefore, he being a necessary party, but has not been impleaded as one of the defendant in the aforesaid suit, the trial court ought to have been taken into consideration this aspect of the matter, but without doing so, the impugned order has been passed.