Rajasthan High Court - Jodhpur
Mamta Dangi vs Board Of Revenue on 15 March, 2021
Bench: Pushpendra Singh Bhati
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 2152/2020
Mamta Dangi D/o Shri Kishan Lal Dangi, Wife Of Shri Lokesh
Dangi, Aged About 36 Years, Resident Of Dogliyon Ki Magri,
Bhuwana, Tehsil- Girva, District- Udaipur.
----Petitioner
Versus
1. Board Of Revenue, Rajasthan, Jaipur.
2. Land Settlement Officer Cum Revenue Appellate
Authority, Udaipur.
3. Bheru Lal S/o Shri Dudaji Dangi, Resident Of Bhuwana,
District Udaipur
4. Jagganath S/o Shri Dudaji Dangi, Resident Of Bhuwana,
District Udaipur
5. Khemraj S/o Shri Dudaji Dangi, Resident Of Bhuwana,
District Udaipur
6. Pushkar S/o Shri Vardi Chandji Dangi, Resident Of
Bhuwana, District Udaipur
7. Parta Bai W/o Late Shri Dudaji Dangi, Resident Of
Bhuwana, District Udaipur
8. Vardi Chand S/o Late Shri Dudaji Dangi, Resident Of
Bhuwana, District Udaipur
9. State Of Rajasthan, Through Tehsildar, Bardgaon, District-
Udaipur.
----Respondents
For Petitioner(s) : Mr. Rajesh Shah
For Respondent(s) : Mr. Rajesh Joshi, Sr. Advocate
assisted by Mr. Devesh Purohit
HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI
Order
15/03/2021
In wake of onslaught of COVID-19, abundant caution is being
taken while hearing the matters in Court.
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(2 of 3) [CW-2152/2020]
Petitioner has preferred this writ petition claiming the
following relief :-
"(i) By an appropriate writ, order or direction, the
impugned judgment dated 13.01.2020 (annex.10)
passed by the learened court of Board of Revenue,
Rajasthan, ajmer in Case
No.Appeal/TA/2018/1040/Udaipur may kindly be
quashed and set aside and the appeal of the petitioner
may kindly be allowed as prayed for.
(ii) By an appropriate writ, order or direction, judgment
dated 22.01.2018 (Annex.8) passed by the learned court
of Land Settlement Officer, Udaipur in Case
No.102/29106 (Udaipur Decree) may kindly be quashed
and set aside and the appeal of the respondents no.3 to
6 may kindly be dismissed.
(iii) By an appropriate writ, order or direction, the Order
dated 08.09.2016 (Annex.7) by the learned court of
Assistant Collector (Fast Trck), Girwa may kindly be
maintained and may kindly be dismissed the suit of the
plaintiffs-respondent no.3 to 6."
Learned counsel for the petitioner submits that the validity of
the Will dated 29.11.2006 is under challenged and thus, cannot be
decided by the learned court below, as the jurisdiction to decide
the validity of the Will lies with the learned Civil Court.
Learned counsel for the petitioner further submits that the
application under Order 7 Rule 11 CPC has rightly been decided by
the learned authority whereas learned appellate authority has
committed an error in law in allowing the proceedings to continue
with liberty to take-up all the issues on merits at a subsequent
stage.
Learned counsel for the respondent has drawn attention of
this Court towards the prayer of the suit, which reads as under :-
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(3 of 3) [CW-2152/2020]
"vr% izkFkZuk gS fd oknhx,.k ds i{k esa ,oa izfroknhx.k ds fo:)
fuEu vk'k; dh fMdzh ikfjr QjekbZ tkosa%&
d& fd oknhx.k ds i{k esa ,oa izfroknhx.k ds fo:) [kkrsnkjh ?kks"k.kk dh
fMdzh iznku djkbZ tkosa fd olh;r fnukad 29-11-2006 ds vk/kkj ij izR;sd
oknhx.k dks tks tehu olh;r dh xbZ gS mudk oknhx.k dks i`Fkd&i`Fkd
[kkrsnkj ?kksf"kr djk;k tkosa ,oa tehu muds [kkrs esa ntZ djkbZ tkosaA
[k& fd oknhx.k ds i{k esa ,oa izfroknhx.k ds fo:) LFkkbZ fu"ks/kkKk dh
fMdzh inku djkbZ tkosa fd oknhx.k dks olh;r ds vk/kkj ij izkIr tehu ij
ugha vkos&tkos] muds dCts esa fdlh izdkj dk gLr{ksi ugha djs vkSj fdlh Hkh
izdkj ls tehu dks [kqnZ &cqn ugha djsa] u vU; fdlh ls djkosaA
x& fd vU; dksbZ vuqrks"k tks oknhx.k ds i{k esa ikfjr fd;k tk ldrk gks
oks ikfjr ijek;k tkosaA
?k& fd okn O;; oknhx.k dks izfroknh ls iznku djk;k tkosaA "
Learned counsel for the respondents submits that he is only
seeking permanent injunction to affirm his lawful rights instead of
seeking any challenge to the validity of the Will.
This Court, after hearing learned counsel for the parties and
perusing the record of the case, is of the view that the appellate
order passed by the learned authority is correct, as in the prayer
in question of the suit filed does not raise any question or doubt
about the validity of the Will and at best, it would be a defence of
the respondents, whereas the respondents are only seeking
permanent injunction and declaration under the Rajasthan
Tenancy Act. Hence, the impugned judgment does not call for any
interference.
In view of the above, the present writ petition is dismissed.
Stay petition also stands dismissed accordingly.
(DR.PUSHPENDRA SINGH BHATI),J.
15-Sudheer/-
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