[2025:RJ-JP:18929] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 8870/2024 1. Ramesh Chand S/o Shri Rajpal, Aged About 47 Years, R/o Village Baurai, Tehsil Kumher, District Deeg (Raj.). 2. Hari Singh R/o Shri Rajpal, Aged About 54 Years, R/o Village Baurai, Tehsil Kumher, District Deeg (Raj.) 3. Shivdayal S/o Shri Rajpal, Aged About 43 Years, R/o Village Baurai, Tehsil Kumher, District Deeg (Raj.) ----Petitioners Versus 1. The State Of Rajasthan, Through District Collector, Deeg, Rajasthan. 2. The Tehsildar, Kumher District Deeg (Raj.). 3. Udai Singh S/o Shri Girraj Singh, R/o Village Bhaurai, Tehsil Kumher, District Deeg (Raj.). ----Respondents For Petitioner(s) : Mr. T.L. Pandey For Respondent(s) : Mr. Rajendra Prasad Gautam Ms. Priyanvada Singh with Ms. Gunjan Chawla for Mr. Neeraj Batra, G.C. HON'BLE MR. JUSTICE VINOD KUMAR BHARWANI Order 05/05/2025 This writ petition has been filed by the petitioner under Article 227 of the Constitution of India against the order dated 18.04.2024 passed by Senior Civil Judge, Kumher, District Bharatpur, in Case No.11/2024 whereby an application under Order 1 Rule 10 of C.P.C. was allowed and respondent No.3, namely Udai Singh, was impleaded as defendant in the matter. Learned counsel for the petitioners submits that no relief has been sought on behalf of the petitioner-plaintiff against [2025:RJ-JP:18929] (2 of 2) [CW-8870/2024] respondent no. 3 Uday Singh. The 'patta' of the land in dispute issued in favour of respondent no. 3 has also been cancelled. The respondent no. 3 is neither necessary nor proper party. Learned Court below without considering the aforesaid contentions passed the impugned order dated 18.04.2024 and therefore, the said impugned order may be quashed and set aside. Learned counsel for the respondent No.3 submits that the 'Patta' is in favour of the respondent No.3 and the petitioner wants to encroach upon the vacant land. The concerned Tehsildar has also issued a notice to the petitioner for removing the encroachment from the land in dispute. Counsel further submits that in such situation respondent no. 3 is a necessary and proper party and therefore impugned order dated 18.04.2024 does not warrant any interference by this Hon'ble Court. The Learned Trial Court, after considering all the facts, has passed a reasoned order, which is just & proper. No illegality, infirmity or error has been committed by the learned Trial Court in the aforesaid order. Hence, there is no scope for interference in the aforesaid order under the limited writ jurisdiction under Article 227 of the Constitution of India. Consequently, the present writ petition is dismissed. Pending application(s), if any, also stands disposed of. (VINOD KUMAR BHARWANI),J SAURABH /76