Navlakhi Devi Rathi Wife of Shri Mohanlal Rathi vs The Divisional Commissioner

This writ petition is filed by the petitioner being aggrieved with the order dated 23.08.2017 passed by the Divisional Commissioner, Bikaner in appeal No.6/16 preferred on behalf of the respondent No.2 against the Urban Improvement Trust, Bikaner.

The Urban Improvement Trust, Bikaner vide order dated 13.10.2016 has stopped the construction activities carried out by the respondent No.2 on Khasra No.318. Being aggrieved with the said order dated 13.10.2016 the respondent No.2 has preferred an appeal before the Divisional Commissioner, Bikaner which is pending consideration.

In the meantime, the petitioner has filed an application in the said appeal before the Divisional Commissioner with a prayer for being impleaded as party in that appeal. The Divisional Commissioner vide impugned order has dismissed the said application.

Having heard learned counsel for the petitioner and after going through the impugned order, I do not find any illegality in the action of the Divisional Commissioner, Bikaner in rejecting the application filed by the petitioner.

Learned counsel for the petitioner has submitted that the Divisional Commissioner has made certain observations which may affect the final outcome of the appeal preferred by the respondent No.2. Needless to say that the Divisional Commissioner while finally deciding the appeal No.6/16 preferred by the respondent No.2 will not get influenced by the observations made in the impugned order and will decide the said appeal strictly in accordance with law on the basis of material available on record.

With these observations, this writ petition is dismissed.

Stay petition also stands dismissed.