Maliram S/O Mahadevaram vs Banwarilal S/O Late Shri Bhuraram
2021 Latest Caselaw 3365 Raj/2

       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

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.

                                                               (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

Powered by TCPDF (www.tcpdf.org)