HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 3456/2022
1. Lal Deen S/o Goheram, Aged About 79 Years, By Caste Muslanman, R/o Village Shekhon Ka Talla, Tehsil Pokran, District Jaisalmer, Rajasthan.
2. Shale Mohammed S/o Lal Deen, Aged About 51 Years, By Caste Muslanman, R/o Village Shekhon Ka Talla, Tehsil Pokran, District Jaisalmer, Rajasthan.
3. Safi Mohammed S/o Lal Deen, Aged About 49 Years, By Caste Muslanman, R/o Village Shekhon Ka Talla, Tehsil Pokran, District Jaisalmer, Rajasthan.
4. Mahaboob Ali S/o Shale Mohammed, Aged About 34 Years, By Caste Muslanman, R/o Village Shekhon Ka Talla, Tehsil Pokran, District Jaisalmer, Rajasthan.
5. Shahanvaj S/o Shale Mohammed, Aged About 33 Years, By Caste Muslanman, R/o Village Shekhon Ka Talla, Tehsil Pokran, District Jaisalmer, Rajasthan.
6. Shabnam D/o Shale Mohammed, Aged About 23 Years, By Caste Muslanman, R/o Village Shekhon Ka Talla, Tehsil Pokran, District Jaisalmer, Rajasthan.
7. Sultan S/o Shale Mohammed, Aged About 19 Years, By Caste Muslanman, R/o Village Shekhon Ka Talla, Tehsil Pokran, District Jaisalmer, Rajasthan.
----Petitioners Versus
1. State Of Rajasthan, Through Commissioner Colonization, Bikaner.
2. The Dy. Commissioner, Colonization Nachana, District Jaisalmer.
3. The Colonization Tehsildar, Nachana No. 2, District Jaisalmer.
----Respondents
For Petitioner(s) : Mr. Binja Ram Jajra
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HON'BLE MR. JUSTICE VIJAY BISHNOI
Judgment / Order
05/03/2022
Learned counsel for the petitioners has submitted that in the matter being SBCWP No. 16992/2018 (Jannat & Ors. Versus State of Rajasthan and Ors) involving identical issue, this Court vide judgment dated 01.11.2018 ordered that till the petitioners' suit and injunction application are decided, they shall not be dispossessed from the land in question. Learned counsel for the petitioners has submitted that the petitioners filed a suit for permanent injunction in the Court of Assistant Commissioner, Mohangarh A and B District Jaisalmer in the year 2016 for permanent injunction with a prayer that he may be declared as khatedar of the disputed land. It is submitted by the learned counsel for the petitioner that the respondent No.2 is neither deciding the suit filed by the petitioner nor the application for temporary injunction preferred along with suit under Section 212 of the Rajasthan Tenancy Act, 1955.
Learned counsel for the petitioners has also submitted that as in identical writ petitions, this Court has already directed to decide the suit and the injunction application within a period of one year and till then the (Downloaded on 05/03/2022 at 08:43:41 PM) (3 of 3) [CW-3456/2022] agriculturists may not be dispossessed from the land in question, a similar direction may be issued in this case also.
Having heard learned counsel for the petitioners and after going through the material available on record, this Court is of the opinion that it is not in the fitness of things to issue directions to not to dispossess the persons, who have filed Revenue Suit for the land in question till the decision of the said suit, however, it would be appropriate to direct the respondent No.2 - the Dy. Commissioner, Colonization Nachana, Distt. Jaisalmer, before whom the suit and temporary injunction application of the petitioners is pending, either to decide the suit expeditiously and if it is not possible for him to decide the suit expeditiously, then at least he shall decide the application filed on behalf of the petitioners for temporary injunction within a period of six weeks from the date of submission of certified copy of this order.
Ordered accordingly.
Hence, this writ petition is disposed of.
(VIJAY BISHNOI),J 168-msrathore/-
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