- (1.) INSTANT appeal has been filed by the appellant whose application seeking impleadment as party respondent in the pending writ petition (CWP-8075/2012) was rejected by the learned Single Judge vide order impugned dt.09.08.2012. As it reveals from order impugned of the learned Single Judge dt.09.08.2012 that the Rajasthan Board of Muslim Waqf ("Board") constituted a waqf committee vide its order dt.29.03.2012 and that order came to be withdrawn/revoked by the Chief Executive Officer of the Board vide order dt.08/09-05-2012, which is subject matter of challenge before the learned Single Judge in pending petition (CWP- 8075/2012).
(2.) INDISPUTABLY , the present appellant was not a member of Waqf committee constituted by the Board vide order dt.29.03.2012 which was revoked vide later order dt.08/09-05-2012. However, application came to be filed by the present appellant before the learned Single Judge for its impleadment under Order 1 Rule 10 CPC on the premise that he was appointed as Secretary of the Waqf committee vide order dt.30.08.2000 and since committee constituted by the Board is not discharging its legal obligation and he as member of the committee holds charge and is in a position to assist the Court while the matter being examined in reference to order impugned of the Board by the learned Single Judge in pending petition. The learned Single Judge was of the view that subject matter of challenge is confined to revocation of the Waqf committee constituted by the Board to which present appellant is not directly or indirectly in any manner is being affected and as such cannot be considered to be necessary or proper party to the proceedings for proper adjudication of the dispute. Counsel for appellant submits that he being the Secretary of Waqf committee appointed at one point of time vide order dt.30.08.2000, if opportunity is afforded to him, at least he will be able to assist as regards subject matter of challenge before the learned Single Judge for proper appreciation of the dispute.
(3.) THE order impugned before the learned Single Judge is of the Board who is impleaded as party respondent in the pending writ petition can very well safeguard their interest and as regards the present appellant, when he was not a member of the Waqf committee constituted by the Board vide order dt.29.03.2012, the later decision of the Board impugned before the learned Single Judge the present appellant being stranger to the proceedings cannot be said to be affected by the outcome of pending writ petition.;