HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Civil Writ Petition No. 3860/2021
Maliram S/o Mahadevaram & Anr.
----Petitioners
Versus
Banwarilal S/o Late Shri Bhuraram & Ors.
----Respondents
For Petitioner(s) : Mr. Ajay Singh Poonia For Respondent(s) : Mr. Akhilesh Kumar Saini Mr. Rajendra Prasad Yadav for respondent Nos.1, 2, 3 & 5 HON'BLE MR. JUSTICE SANJEEV PRAKASH SHARMA Judgment / Order 02/08/2021 Learned counsel for the petitioners submits that as per the Khatauni of Village Gudha, Tehsil Udaipur, District-Jhunjhunu for Samvat 2028-2031, khasra Nos.856, 864 & 865 have been shown to be in favour of Bhanwar Singh, Chhotu Singh and widow of Maan Singh khasra No.864 gair mumkin chah.
However, the SDO as well as the revenue court have treated the same to be in favour of the respondents without there being any documentary proof merely because the respondents were having land adjacent to the well gair mumkin chah. It cannot be said that the well is in possession of the respondents and the revenue court could not have passed an order of such a nature.
Learned counsel appearing for the respondent Nos.1, 2, 3 & 5 submits that they have used the well and as per the revenue map also, the well is adjacent to their lands and has no connection with that of the petitioners.
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(2 of 2) [CW-3860/2021]
Admit.
Issue notice of the writ petition as well as stay application to the respondent No.4.
Taking into consideration aforesaid, the effect and operation of orders passed by the revenue court as well as the SDO court shall remain stayed till disposal of the writ petition.
(SANJEEV PRAKASH SHARMA),J SAURABH YADAV /670/3 (Downloaded on 03/08/2021 at 10:31:26 PM) Powered by TCPDF (www.tcpdf.org)