MANAK CHAND S/O SH. HARI PRASAD Vs. THE STATE OF RAJASTHAN AND OTHERS
LAWS(RAJ)-2018-5-82
HIGH COURT OF RAJASTHAN
Decided on May 04,2018

Manak Chand S/O Sh. Hari Prasad Appellant
VERSUS
The State of Rajasthan and Others Respondents

JUDGEMENT

NIRMALJIT KAUR,J. - (1.) The prayer in the present writ petition is for quashing of the Order dated 08.08.2017 passed by the Board of Revenue, Rajasthan, Ajmer vide which the revision petition filed by the petitioner against the Order dated 25.01.2016 passed by the District Collector, Udaipur partly allowing the application under Order 41 Rule 27 of C.P.C. filed by the respondent No. 3, was dismissed as not maintainable.
(2.) The land of Khasra No. 387Mi measuring 1 bigha 15 biswa situated in Village Dabok was given on lease by one Ashok Kumar in favour of the respondent No. 3. Thereafter, the mutation with respect to the land in question was entered in the name of the respondent No. 3. Aggrieved, the petitioner filed an appeal against the said order of mutation before the District Collector, Udaipur, which is still pending. However, the respondent No. 3 filed an application under Order 41 Rule 27 of C.P.C. for taking some documents on record. The application of the respondent No. 3 was partly allowed and the documents in question were ordered to be taken on record. The said order partly allowing the application under Order 41 Rule 27 of C.P.C. was challenged by the petitioner in the revision petition before the Board of Revenue, which too was dismissed vide Order dated 08.08.2017.
(3.) Learned counsel for the respondent No. 3 - caveator has, however, submitted that the petitioner is a stranger and he has no right, title or interest in the land in question and nor he has claimed any right, title or interest in the said land. He has also failed to establish any legal or fundamental right in his favour. The petitioner has come against the interlocutory order and the question as to whether the said documents will be finally read in evidence or can be otherwise read for collateral purposes was, in any case, left open as is evident from the impugned order. Moreover, in view of the order passed by this Court of even date in Writ Petition No. 11672/2017 filed between the same parties and arising out of the same litigation, this Court finds no ground to interfere in the orders impugned passed by the authorities below either on merits or at the behest of the petitioner, who has not even been able to show this Court as to what right of his has been infringed.;


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