Drat case - whether i can implead in the case
Kiran Kumar
(Querist) 05 September 2024
This query is : Resolved
Good evening sir/madam
Sir I have a bit of land 200 sy.yds in Hayathnagar. I have purchased the same in 2017. I have verified all the revenue related documents and the link documents to verify it genuinity. But in the early 2018, I came to know that the first land owner who owned acres plotted the same and sold all the plots in the year 1985. But his successors, grand children who possessed patta pass book, kept the same as mortgage with a bank viz. Oriental Bank of Commerce and obtained a loan of 6 Crores. The bank authorities without verifying the land whether it is agricultural or plotted, sanctioned the loan. Bank authorities may be hand in glove with the said cheaters. Now, the bank has obtained some court orders and through Advocate Commissioner and with police protection, obtained possession. Aggrieved of this, the land owners in 100s went to High Court obtained stay, DRT-II, Hyderabad gave judgment favoring the land owners. Aggrieved by the orders of DRT, the bank filed a WP in High Court, the High Court denied to interfere and advised them to approach DRAT which is in Kolkata. Now the case is pending in DRAT.
My concern in this is that I was not a party in the DRT Court proceedings and had tried to be a party in High Court, but due to the delay caused by my counsel I could not be impleaded into the case. My question is whether I can implead in the DRAT Kolkata as my case is the same as the case of the land owners who are now parties in the case. Please help me out. Thank you
T. Kalaiselvan, Advocate
(Expert) 05 September 2024
If you are also one of the affected parties and you were given a relief by high court however you could not approach DRT, then you can very well approach DRAT and file a petition to implead yourself as a necessary party and request the tribunal to hear your grievances also.
Kiran Kumar
(Querist) 06 September 2024
Thank you for the response sir. But my plea in High Court for implead was not registered in time by my advocate, so I have no received any relief from High Court. My case is that I am like approaching the DRAT as a fresh case. Will they accept my request and implead me in the ongoing case in DRAT Kolkata. Awaiting response
T. Kalaiselvan, Advocate
(Expert) 06 September 2024
Nothing stops you from filing an implead before DRAT, you can file a pettiion, if it is not allowed then you can approach high court with a revision petition seeking to direct the DRAT to implead you as a party to the ongoing proceedings.
Kiran Kumar
(Querist) 06 September 2024
Sir thank you very much for your time and valuable advice. Good day sir
