- (1.) HEARD learned counsel for the parties.
(2.) THIS intra Court appeal is directed against order dated 2nd February, 2005 passed by Single Bench, whereby writ petition filed by Respondent No. 1, Panchayat Samiti, Atru was allowed and the order dated 10th February, 1993 passed by Revenue Board was set aside. The matter arises out of mutation proceedings. Ex-parte proceedings were drawn against Panchayat Samiti, Atru. Thereafter, an application was filed for setting aside ex-parte proceedings, which was allowed. Appeal, preferred against that order, was also dismissed. However, Revenue Board interferred in the matter and set aside order of the appellate authority. Learned Single Judge, after considering judgments of Revenue Board as well as Appellate Authority, came to a conclusion that there was satisfactory cause for setting aside the ex-parte order. Submission of learned counsel for the appellant is that the appellant was not impleaded as party in the writ petition, therefore, this appeal has been preferred after obtaining a leave from this Court. He further submitted that a suit was filed for cancellation of sale deed by Panchayat Samiti, which was dismissed and thereafter, it's first appeal has also been dismissed, but the said fact was not brought to the notice of the Single Bench. Be that as it may, since the concerned sale deed was admittedly executed after mutation proceedings, therefore, it was not necessary for the respondents to implead the appellant as a party in first appeal in mutation proceedings. However, it is observed that it will be open for the appellant to move an application for impleadment before the concerned Revenue Court and to bring all these facts in the notice of the said Court. With the aforesaid observation, we do not find any merit in this intra Court appeal and the same is, accordingly, dismissed with no order as to costs. Stay Application No. 2691/2005 also stands dismissed. ;