SANGEET LODHA,J. - (1.) This writ petition is directed against order dated 11.10.12 passed by the Board of Revenue, Rajasthan whereby an application preferred by the respondent no.5-Laxmi Narain for impleading him as party respondent in the application preferred by the petitioners herein under Section 9 of the Rajasthan Land Revenue Act, 1956 read with Section 221 of the Rajasthan Tenancy Act, 1955, has been allowed.
(2.) Learned counsel appearing for the petitioners contended that the application preferred by the respondent no.5 has been allowed by the Board of Revenue, observing that the application preferred by the petitioners herein, relates to the land comprising Murbba no. 40/13 and the respondent no. 5 herein is also khatedar tenant of the land comprising Murbba no. 40/13. Learned counsel submitted that the respondent no.5 is khatedar tenant of 14 bighas land Kila no. 12 to 25, comprising Murbba no. 40/13 in Chak 5 GDM and has nothing to do with the disputed land ad measuring 10 bighas and 8 biswas, comprising Kila no. 1 to 11, Murbba no. 40/13. Learned counsel submitted that merely because the respondent no. 5 is holding khatedari rights over the land comprising Murbba no. 40/13, he cannot be permitted to inter meddle in the matter pending before the Board of Revenue, questioning the legality of the note entered n the Sale Register on the basis of the order dated 13.4.2000 passed by the Sub Divisional Officer, Suratgarh, cancelling the allotment made in favour of Amar Kaur, wife of Sansar Singh, the mother of the petitioner, allegedly for not depositing the instalments.
(3.) Learned counsel appearing for the respondent no.5 fairly submitted that the petitioners are not recorded khatedar of the disputed land, however, they have preferred an application for regularisation of their possession over the land in question, which is pending consideration before the competent authority. Learned counsel submitted that the disputed land is in possession of the petitioners.;