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1999 DIGILAW 93 (RAJ)

Teja Singh v. State of Rajasthan

1999-01-21

B.J.SHETHNA

body1999
Honble SHETHNA, J.–The petitioner, who alleged to have purchased the land from the original allottee by way of sale deed dated 22.8.97 has filed this writ petition and challenged the impugned order at Annex.1 passed by the learned Special Judge rejecting his application for joining as party respondent made under Order 1 Rule 10 C.P.C. in a review application filed by original allottee, whose allot- ment was cancelled on the ground of breach of Rule 6(3) and (4) of the Allotment Rules, 1972. He has also challenged the final order passed by the learned Special Judge on 15.12.97 rejecting the review application filed by original allottee Gareeb Das. (2). The learned Special Judge rejected the application of the petitioner made under Order 1 Rule 10 C.P.C. in a review petition filed by original allottee, Gareeb Das on the ground that the petitioner had no locus standi. The learned Special Judge further held that he has to only see whether the allotment made in favour of original allottee was rightly cancelled or not. In my opinion, no error was committed by the learned Special Judge in rejecting the application filed by the petitioner un- der Order 1 Rule 10 C.P.C. Merely because he alleged to have purchased the land would not entitle him to participate in the proceedings initiated by the original allottee against cancellation of allotment of the ground of breach of conditions under Rule 6(4) of the Rules, 1972. In case of Gurdeep Sing vs. Special Judge, Pong Dam Oustees Matters, Sriganganagar (1), this Court has held that transferee of allo- ttee gets no right whatsoever on transfer made in violation of terms of allotment. Thus, when the purchaser has no right to challenge the final order then he cannot participate in the proceedings initiated by the original allottee against cancellation of his allotment. This Court has also taken a similar view in S.B. Civil Writ petition No. 5/99 decided only few days back i.e. on 18.1.99 (2). There the person who alle- ged to have got the possession of the land on the basis of `will was held not entitled to challenge the order passed by the learned Special Judge when the cancellation order was passed against the original allottee on the ground of breach of conditions of allotment under Rule 6(4) of the Allotment Rules, 1972. (3). (3). When it is held that the present petitioner who alleged to have purchased the land from the original allottee has no locus standi in a review petition filed by the original allottee before the Special Judge against his cancellation order then certainly he has no right or locus standi to challenge the final order passed by the Special Judge on a review petition filed by the original allottee, who has challenged his cancellation order before the learned Special Judge. As held by this Court in the aforesaid two judgments and several other judgments only the original allottee can challenge the cancellation of allotment and no one else. (4). In view of the above discussion, this petition fails and is hereby dismissed.