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Judgment
Amreshwar Pratap Sahi, J.—Learned counsel for the petitioner has filed an application for impleadment for impleading Rama Shanker the original tenure holder who had filed earlier Writ Petition No. 11346 of 1988.The application is accordingly allowed. Let Rama Shanker be impleaded as respondent No. 5 within 3 days.
Issue notice to the respondent No. 5 for which steps be taken within 10 days. Learned standing counsel has accepted notice on behalf of respondent nos. 1 to 4.Let the respondents file counter affidavit within 3 weeks. One week is granted to file a rejoinder affidavit. List thereafter.
The present petition has been filed assailing the orders dated 11.3.2010 and 15.4.88 in response to the judgment dated 2.9.2003 in Writ Petition No. 11346 of 1988. The contention is that the adjudication by the appellate authority in the exparte order dated 15.4.88 about irrigated/unirrigated land is without any evidence of the Khasra of 1378 to 1380 Fasli as per the explanation to Section 4A of the 1960 Act and this burden has not been discharged by the State before the appellate authority. The order is therefore vitiated. It is further submitted that the petitioner has stepped into the shoes of respondent No. 5 Rama Shanker and is therefore entitled to pursue the litigation as per the judgment of this Court dated 2.9.2003.
Learned standing counsel has opposed the petition and submits that this petition has been filed against the order of 2010 and is by the subsequent purchasers from the tenure holder Rama Shanker.
Prima facie, in my opinion the petitioners who have stepped into the shoes of the respondent No. 5 cannot be non-suited to assail the order dated 15.4.88 once their restoration has been entertained and rejected. It is the same cause that was allowed to be contested by this Court under the judgment dated 2.9.2003 in the petition filed by the respondent No. 5 who is none other than the vendor of the petitioner.
The matter requires scrutiny.
In view of the aforesaid circumstances, status quo as on today shall be maintained by the parties over the disputed land.