2012 Supreme(Raj) 2136
RAJASTHAN HIGH COURT AT JAIPUR BENCH
Arun Mishra, Meena V.Gomber, JJ.
Bhagwati Singh - Appellant
Versus
Lad Kanwar & others - Respondent
D.B. Civil Special Appeal (W) Nos. 144 of 310 of 2012.
Decided On : 3-10-2012
For the Respondents:Ramesh Kumawat, Sanjay Mehrishi, Advocates.
Headnote:A. Civil Procedure Code, 1908, Order 1 Rule 10 – Applicant was not allowed to be included even though the respondent’s were included in the writ petition – property was a joint Hindu property – Applicant’s cannot be included at the writ stage as they were not parties to the court earlier – Mutation proceedings are fiscal and civil suit is pending – Impleadment could not be allowed.
B. Rajasthan High Court Rules, 1952, Rule 134 – Order under Order 1 Rule 10 ref=act:10444>CPC is final and has been passed in the writ petition – special appeal is maintainable.
"(i) by an appropriate writ, order or direction, in the nature thereof it be declared that after the passing of the Rajasthan Land Revenue (Amendment) Act, 1989 the judgments of the Board of Revenue for Rajasthan, Ajmer dated 8.3.1988 (Ann.10) and 4.9.2000 (Ann.11) have become non est and ineffective and the order dated 23.1.1977 passed by the Gram Panchayat Chitwadi, has been restored and revived and the judgments of the Board of Revenue for Rajasthan, Ajmer dated 8.3.1988 (Annexure-10) and 4.9.2000 (Annexure-11) may kindly be quashed and set aside;
(ii) by an appropriate writ, order or direction, in the nature thereof the order dated 24.5.2005 (Ann.13) passed by Tehsildar, Chomu with regard to Mutation No.379 may kindly be ordered to be quashed;
(iii) by an appropriate writ, order or direction, in the nature thereof the order dated 26.5.2005 passed by Tehsildar, Chomu on Mutation No.282 of village Morija, Tehsil Chomu may kindly be ordered to be quashed.
(iv) by an appropriate writ, order or direction, in the nature thereof the Application dated 16.5.2005 submitted by Tehsildar, Chomu in the Court of Sub Divisional Officer, Chomu for holding proceedings under Section 30-E of Chapter III-B of the Rajasthan Tenancy Act, 1955 and under Section 4 of the Rajasthan Imposition of Ceiling on Agricultural Holdings Act, 1973 and the proceedings being held by the Sub Divisional Officer, Chomu on the basis of the same may kindly be ordered to be quashed;
(v) Any other order or direction, which this Hon'ble Court deem just, appropriate and expedient in the facts and circumstances of the case may kindly be passed in favour of the petitioner.
(vi) Cost of the writ petition may kindly be awarded in favour of the petitioner."
The basic dispute, as admitted by the learned counsel appearing for the parties, is with respect to the mutation.