Tarachand vs State Of Rajasthan
2021 Latest Caselaw 12638 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 10592/2021

1. Tarachand S/o Multanaram, Aged About 39 Years, By Caste Mali, Resident Of Village Mohangarh, Tehsil And District Jaisalmer, Rajasthan.

2. Moolaram S/o Ramuram, Aged About 41 Years, By Caste Mali, Resident Of Village Mohangarh, Tehsil And District Jaisalmer, Rajasthan.

3. Harjiram S/o Narayanram, Aged About 50 Years, By Caste Mali, Resident Of Village Mohangarh, Tehsil And District Jaisalmer, Rajasthan.

4. Babulal S/o Kishnaram, Aged About 56 Years, By Caste Mali, Resident Of Village Mohangarh, Tehsil And District Jaisalmer, Rajasthan.

5. Arjunram S/o Bhanwarooram, Aged About 33 Years, By Caste Mali, Resident Of Village Mohangarh, Tehsil And District Jaisalmer, Rajasthan.

----Petitioners Versus

1. State Of Rajasthan, Through Commissioner, Colonization, Bikaner.

2. The Deputy Commissioner, Colonization, Ignp, Mohangarh-1, Jaisalmer.

3. The Tehsildar Colonization, Ignp, Mohangarh No.1, Jaisalmer.

4. The District Collector, Jaisalmer.

                                                                 ----Respondents


For Petitioner(s)         :     Mr. Mahesh Thanvi
For Respondent(s)         :



             HON'BLE MR. JUSTICE VIJAY BISHNOI

                          Judgment / Order

12/08/2021

This writ petition has been filed by the petitioners with a

prayer that a direction may be issued to the effect that the

(2 of 2) [CW-10592/2021]

petitioners shall not be dispossessed from the land of Khasra

No.372 ad-measuring as per Chakbandi (Chak No.220/27,

Murabba No.220/27) till the suit is finally decided.

It appears that the petitioners have filed a revenue suit

under Sections 88, 89, 92-A, 15-AAA of the Rajasthan Tenancy

Act, 1955 (hereinafter to be referred as the 'Act of 1955') in the

Court of Assistant Colonization Commissioner, IGNP, Mohangarh-1.

The said suit was filed by the petitioners on 23.09.2020 and along

with the said suit, an application under Section 212 of the Act of

1955 seeking temporary injunction was also filed. Both, the suit as

well as the temporary injunction application are pending

consideration before the Assistant Colonization Commissioner,

however, in between, the petitioners have filed this writ petition.

This Court is of the opinion that when the suit as well as TI

application filed by the petitioners are pending consideration

before the competent authority, no such direction of not to

dispossess the petitioners from the land in question till the

pendency of the aforesaid suit can be given while exercising

powers under Article 226 or 227 of the Constitution of India. The

proper course for the petitioners is to approach the court

concerned for passing of interim injunction during the pendency of

the suit.

In view of the above, I do not find any merit in this writ

petition and the same is hereby dismissed.

Stay petition also stands dismissed.

(VIJAY BISHNOI),J

77-Taruna/-

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