This intra-court appeal is directed against a learned

Single

Judge’s

order

dated

07.09.2023

made

in

fifth

respondent’s W.P.No.7191/2022 wherein the operative portion

of para 3 thereof reads as under:-

“3. In that view of the matter, the writ

petition stands disposed of, placing on

record the memo dated 07.09.2023 filed by

the learned counsel for the respondent-

KIADB. The entire exercise of issuing

possession certificate to the petitioner shall

be considered and granted as expeditiously

as possible and at any rate within a period

of four weeks from the date of receipt of

copy of this order.”

Having heard the learned counsel for the appellant

and having perused the appeal papers, we decline indulgence in

the matter inasmuch as the operative portion of the order

impugned is as innocuous as can be and that the discretion is

left at the hands of the KIADB Authority to take a call on the

subject representation of the writ petitioner in accordance with

law. Admittedly, the appellant herein was not a party; that he

was not either a necessary party or a proper party in the

proceedings in the light of the Apex Court decision in Razia

Begum vs. Sahebzadi Anwar Begum AIR 1958 SC 886.

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