SURESH GARG Vs. SHARWAN KUMAR KHURKHURIA
LAWS(RAJ)-2014-3-163
HIGH COURT OF RAJASTHAN
Decided on March 06,2014

Suresh Garg Appellant
VERSUS
Sharwan Kumar Khurkhuria Respondents

JUDGEMENT

- (1.) THIS intra -court appeal is sought to be maintained by the appellants -applicants, who are said to have been declared selected in the written examination conducted by the Board of Revenue for appointment to the post of Inspector Land Records, with the submissions that their rights are going to be seriously prejudiced for the order dated 17.02.2014, as passed in Second Stay Application (No. 1288/2014), moved in S.B. Civil Writ Petition No. 6510/2013, as filed by the present respondent No.1.
(2.) AFTER having taken into comprehension all the facts and circumstances of the case and the nature and purport of the order impugned, we are satisfied that the applicants are going to be affected by the effect of the order dated 17.02.2014 and deserve to be granted leave to appeal. Accordingly, the application (IA No. 1174/2014) is allowed. The applicants are permitted to maintain this appeal against the impugned order dated 17.02.2014. In this appeal, the impleadment applications (IA Nos. 1287/2014 and 1288/2014) have also been moved with the submissions that the applicants of these applications have filed separate the writ petitions concerning the same selection process, which are pending before the learned Single Judge of this Court but therein, they did not move any fresh stay application essentially for the reason that their cause stood covered by the common relief granted by the learned Single Judge in CWP No. 6510/2013, i.e., in the impugned order dated 17.02.2014. This Court is clearly of the view that these applicants, who are otherwise not the parties in the writ petition leading to this appeal, i.e., CWP No. 6510/2013, cannot be allowed to join this appeal as a party as such. However, when there is commonness of their cause with the writ petitioner, i.e., the respondent No. 1 herein, it does appear appropriate to allow them to make submissions in this appeal as intervenors. The applications stand disposed of accordingly.
(3.) MR . P.R. Singh, the learned Additional Advocate General has put in appearance for the respondents Nos. 2 to 4. The learned Senior Counsel Mr. Mahesh Boda with the learned counsel Mr. S.P. Sharma and Mr. Kaushal Sharma have put in appearance for the respondent No.1 in caveat. We have heard the learned counsel for the parties at length on admission and on the prayer for interim relief.;


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