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.