- (1.) Netra Pal whose application for being impleaded as party to reference pending under Section 30 of the Land Acquisition Act, 1894 (in short, the Act) has been dismissed by reference Court i.e. learned Additional District Judge, Faridabad vide order dated 05.04.2010 has filed the instant revision petition under Article 227 of the Constitution of India to challenge the said order. Both the parties to the reference petition claiming interest in the acquired land got reference under Section 30 of the Act made by the Collector to the reference Court. During pendency of the said reference, petitioner herein moved application for being impleaded as party to the said reference alleging that some of the petitioners had agreed to sell acquired land and other land to the applicant-petitioner vide agreement to sell dated 03.04.2003 and received the entire sale consideration and sale deed was to be executed on sanction of mutation in favour of the aforesaid vendors. But after the agreement, the land has been acquired. Sale died dated 10.11.2005 in favour of Mahender etc. has already been declared null and void vide judgment and decree dated 26.11.2007. Sale deed in favour of applicant-petitioner could not be executed on account of acquisition of the land although the vendors were declared to be heirs of the previous owners vide judgment and decree dated 29.07.2009. Accordingly the applicant petitioner claiming to be 'interested person' filed application for being impleaded as party to the reference.
(2.) Claimants No. 3(i), 3(iii) and (iv) admitted the claim of the applicant-petitioner. However, claimant No. 1 and claimants No. 2(iv) to 2(vi) contested the application and denied the alleged agreement dated 03.04.2003 in favour of applicant petitioner. It was alleged that counsel for claimant petitioner No. 1 taking advantage of the relationship of Advocate and litigant played fraud upon claimant-petitioner No. 1. Various other pleas were also raised.
(3.) Learned reference Court vide impugned order dismissed the application of the petitioner. Feeling aggrieved, instant revision petition has been preferred.;