IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR O R D E R S.B. Civil Writ Petition No.7852 of 2006. Shambhu Singh and Others VERSUS The J.D.A. Appellate Tribunal, JDA Jaipur & Others Date of Order ::: 03/09/2008. Hon'ble Mr. Prem Shanker Asopa, J. Mr. G.P. Sharma, Counsel for the Petitioners **** Heard learned counsel for the petitioners. By this writ petition, the petitioners have challenged the order dated 16.09.2005 passed in the reference application filed by the private respondents, whereby the J.D.A. Appellate Tribunal has revised the review order dated 14.08.2003. The facts, in brief of the case are that vide order dated 14.08.2003, the J.D.A. Appellate Tribunal has accepted the application of the private respondents i.e. Saraswati Punyarth Trust for conversion and issuance of the lease deed with the further direction that the same cannot be issued in favour of any other person including Anand Bhawan Grih Nirman Sahkari Samiti Limited, Jaipur or its members. While passing the said order, the Tribunal has considered the fact that the Anand Bhawan Grih Nirman Sahkari Samiti Limited, Jaipur filed a civil suit for specific performance in the Court of District Judge, Jaipur City, Jaipur, which was transferred to the Additional District Judge No.2, Jaipur City, Jaipur, where the civil suit was dismissed, against which the revision petition bearing No.64/1989 was filed before this Court and that too was dismissed on 17.10.1989, therefore, the Khatedari of the Trust is proved, which has not been denied by the J.D.A. The submission of the counsel for the petitioners is that the petitioners are affected persons and the order of the reference has been answered in their absence, therefore, the same is bad in the eye of law. He further submits that the Court ought to have reviewed the same order granting an opportunity to make their submission. The Court in review has considered the fact that the members of the Society have no claim, as has been held by the High Court. They are neither the lease holder nor free holder nor owner of the land in dispute, therefore, they have no right or interest in the land in dispute and even if the some right is available to them on the basis of possession over the plot, then they were free to file a civil suit in accordance with the judgment of the High Court. I have considered the aforesaid submissions of the learned counsel for the petitioners and is of the view the same have no force, therefore, the writ petition is dismissed. (Prem Shanker Asopa) J. ashok/