Rajasthan High Court - Jodhpur
Buta Singh vs Gurmel Singh on 21 October, 2021
Bench: Akil Kureshi, Sandeep Mehta
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
D.B. Spl. Appl. Writ No. 223/2021
Buta Singh S/o Sh. Baldev Singh, Aged About 45 Years, By Caste
Karigar Suthar, Resident Of Ward No. 16 Dholipal, Tehsil And
District Hanumangarh (Raj.).
----Appellant
Versus
1. Gurmel Singh S/o Late Sh. Mukand Singh, Aged About 58
Years, By Caste Jat Sikh, Resident Of Ward No. 17,
Dholipal, Tehsil And District Hanumangarh (Raj.).
2. Harmel Singh S/o Late Sh. Mukand Singh, Resident Of
Ward No. 11 Dholipal, Tehsil And District Hanumangarh
(Raj.).
3. Ganesha Ram S/o Late Sh. Kumbha Ram, By Caste
Chimpa, Resident Of Kular, Tehsil Abohar, District Fazilka
(Punjab).
4. Hanuman S/o Late Sh. Kumbha Ram, By Caste Chimpa,
Resident Of Kular, Tehsil Abohar, District Fazilka (Punjab).
5. Ram Pyari W/o Late Sh. Prithviraj, By Caste Chimpa,
Resident Of Ward No. 16, Dholipal, Tehsil And District
Hanumangarh (Ra.).
6. Pushpa Devi D/o Late Sh. Prithviraj, By Caste Chimpa,
Resident Of Ward No. 16, Dholipal, Tehsil And District
Hanumangarh (Ra.).
7. Subhash S/o Late Sh. Prithviraj, By Caste Chimpa,
Resident Of Ward No. 16, Dholipal, Tehsil And District
Hanumangarh (Ra.).
8. Sharwan S/o Late Sh. Prithviraj, By Caste Chimpa,
Resident Of Ward No. 16, Dholipal, Tehsil And District
Hanumangarh (Ra.).
9. Rajendra Kumar S/o Late Sh. Prithviraj, By Caste Chimpa,
Resident Of Ward No. 16, Dholipal, Tehsil And District
Hanumangarh (Ra.).
10. Santosh Devi W/o Naurang Lal, By Caste Suthar, Resident
Of Ward No. 16, Dholipal, Tehsil And District
Hanumangarh (Ra.).
11. Phoola Devi W/o Sh. Krishan Lal, By Caste Jat, Resident
Of Dholipal, Tehsil And District Hanumangarh.
(2 of 7) [SAW-223/2021]
12. Sharda W/o Sh. Prithviraj, By Caste Jat, Resident Of
Dholipal, Tehsil And District Hanumangarh.
13. Rani W/o Sh. Rajaram, By Caste Jat, Resident Of Dholipal,
Tehsil And District Hanumangarh.
14. Rajaram S/o Sh. Nanu Ram, By Caste Jat, Resident Of
Dholipal, Tehsil And District Hanumangarh.
15. Krishan Lal S/o Sh. Nanu Ram, By Caste Jat, Resident Of
Dholipal, Tehsil And District Hanumangarh.
16. Prithviraj S/o Sh. Nanu Ram, By Caste Jat, Resident Of
Dholipal, Tehsil And District Hanumangarh.
17. Hansraj s/o Sh. Nanu Ram, By caste Jat, Resident of
Dholipal, Tehsil and Hanumangarh.
18. Baghel Singh S/o Jagraj Singh, By Caste Jat Sikh,
Resident Of Bahawala, Tehsil Abohar, District Fazilka
(Punjab).
19. Gursevak Singh S/o Late Sh. Jagroop Singh, By Caste Jat
Sikh, Resident Of Ward No. 13 Dholipal, Tehsil And
District Hanumangarh (Raj.).
20. Gurtej Singh S/o Late Sh Jagroop Singh, By Caste Jat
Sikh, Resident Of Ward No. 13 Dholipal, Tehsil And
District Hanumangarh (Raj.).
21. Kako D/o Late Sh. Jagroop Singh, By Caste Jat Sikh,
Resident Ward No. 13 Dholipal, Tehsil And District
Hanumangarh.
22. Jasveer Kaur W/o Sh. Gursevak Singh @ Gursahab Singh,
By Caste Jat Sikh, Resident Of Dholipal, Tehsil And
District Hanumangarh.
23. Angrej Singh @ Ajmer Singh S/o Ajmer Singh, By Caste
Jat Sikh, Resident Of Bahawala, Tehsil Abohar, District
Fazilka (Punjab).
24. Sultan S/o Sh. Sukha @ Shoylal, By Caste Jat, Resident
Of Dholipal, Tehsil And District Hanumangarh.
25. Jagdish S/o Sh. Sukha @ Shoylal, By Caste Jat, Resident
Of Dholipal, Tehsil And District Hanumangarh.
26. Kheta Ram S/o Sh. Sukha @ Shoylal, By Caste Jat,
Resident Of Dholipal, Tehsil And District Hanumangarh.
27. Budh Ram S/o Sh. Rampratap, By Caste Jat, Resident Of
Dholipal, Tehsil And District Hanumangarh.
28. Gurdev Singh S/o Sh. Ishar Singh, By Caste Jat, Resident
(3 of 7) [SAW-223/2021]
Of Dholipal, Tehsil And District Hanumangarh.
29. Jagtar Singh S/o Sh. Dashora Singh, By Caste
Ramgadiya, Resident Of Ward No. 13, Dholipal, Tehsil And
District Hanumangarh.
30. Rajpal S/o Sh. Dashora Singh, By Caste Ramgadiya,
Resident Of Ward No. 13, Dholipal, Tehsil And District
Hanumangarh.
31. Krishan Singh S/o Sh. Sukhdev Singh, By Caste
Ramgadiya, Resident Of Ward No. 13, Dholipal, Tehsil And
District Hanumangarh.
32. Sukhdev Singh S/o Sh. Ishar Singh, By Caste Ramgadiya,
Resident Of Ward No. 13, Dholipal, Tehsil And District
Hanumangarh.
33. Ranjeet Kaur W/o Late Sh. Veer Singh, By Caste
Ramgadiya, Resident Of Ward No. 13, Dholipal, Tehsil And
District Hanumangarh.
34. Vakeel Singh S/o Late Sh. Veer Singh, By Caste
Ramgadiya, Resident Of Ward No. 13, Dholipal, Tehsil And
District Hanumangarh.
35. Amandeep Kaur D/o Late Sh. Veer Singh, By Caste
Ramgadiya, Resident Of Ward No. 13, Dholipal, Tehsil And
District Hanumangarh.
36. Pawandeep Kaur D/o Late Sh. Veer Singh, By Caste
Ramgadiya, Resident Of Ward No. 13, Dholipal, Tehsil And
District Hanumangarh.
37. Sukhdev Singh S/o Mal Singh, By Caste Ramgadiya,
Resident Of Dholipal, Tehsil And District Hanumangarh.
38. Mukhtiar Singh S/o Sh. Mal Singh, By Caste Ramgadiya,
Resident Of Dholipal, At Present Gharsana, Tehsil
Anoopgarh, District Sri-Ganganagar.
39. Major Singh S/o Late Sh. Indra Singh, By Caste
Ramgadiya, Resident Of Baladha, Tehsil And District
Bathinda (Punjab).
40. Jaswant Singh S/o Late Sh. Indra Singh, By Caste
Ramgadiya, Resident Of Baladha, Tehsil And District
Bathinda (Punjab).
41. Jagjeet Singh S/o Late Sh. Indra Singh, By Caste
Ramgadiya, Resident Of Baladha, Tehsil And District
Bathinda (Punjab).
(4 of 7) [SAW-223/2021]
42. Gurdev Singh S/o Sh. Jagar Singh, By Caste Jat Sikh,
Resident Of Ward No. 13, Dholipal, Tehsil And District
Hanumangarh (Raj.).
43. Jagseer Singh S/o Sh. Sukhdev Singh, By Caste Jat Sikh,
Resident Of Ward No. 13, Dholipal, Tehsil And District
Hanumangarh (Raj.).
44. Angrej Singh S/o Sh Pooran Singh, By Caste Jat Sikh,
Resident Of Dholipal, At Present Bahawala, Tehsil Abohar,
District Fazilka (Punjab).
45. Ram Singh S/o Sh. Pooran Singh, By Caste Jat Sikh,
Resident Of Dholipal, At Present Bahawala, Tehsil Abohar,
District Fazilka (Punjab).
46. Baldev Singh S/o Sh. Pooran Singh, By Caste Jat Sikh,
Resident Of Dholipal, At Present Bahawala, Tehsil Abohar,
District Fazilka (Punjab).
47. Chiman Singh S/o Sh. Pooran Singh, By Caste Jat Sikh,
Resident Of Dholipal, At Present Bahawala, Tehsil Abohar,
District Fazilka (Punjab).
48. Harbajhan S/o Sh. Nathu Singh, By Caste Kumhar,
Resident Of Ward No. 13 Dholipal, Tehsil And District
Hanumangarh (Raj.).
49. Ram Lal S/o Sh. Nathu Singh, By Caste Kumhar, Resident
Of Ward No. 13 Dholipal, Tehsil And District Hanumangarh
(Raj.).
50. Krishan S/o Sh. Lakha Singh, By Caste Kumhar, Resident
Of Ward No. 13 Dholipal, Tehsil And District Hanumangarh
(Raj.).
51. Jagdish S/o Sh. Lakha Singh, By Caste Kumhar, Resident
Of Ward No. 13 Dholipal, Tehsil And District Hanumangarh
(Raj.).
52. Dashora Singh S/o Late Sh. Ishwar Singh, By Caste
Kumhar, Resident Of Ward No. 13 Dholipal, Tehsil And
District Hanumangarh (Raj.).
53. Budh Ram S/o Late Sh. Nand Ram, By Caste Jat, Resident
Of Dholipal, Tehsil And District Hanumangarh.
54. Nathu Ram S/o Late Sh. Nand Ram, By Caste Jat,
Resident Of Dholipal, Tehsil And District Hanumangarh.
55. Krishan S/o Late Sh. Mukh Ram, By Caste Jat, Resident
Of Dholipal, Tehsil And District Hanumangarh.
(5 of 7) [SAW-223/2021]
56. Raj Kumar S/o Late Sh. Mukh Ram, By Caste Jat,
Resident Of Dholipal, Tehsil And District Hanumangarh.
57. Kaluram S/o Late Sh. Mukh Ram, By Caste Jat, Resident
Of Dholipal, Tehsil And District Hanumangarh.
58. Lala Ram S/o Late Sh. Hari Ram, By Caste Jat, Resident
Of Dholipal, Tehsil And District Hanumangarh.
59. Mahaveer S/o Sh. Sohan Lal S/o Hari Ram, By Caste Jat,
Resident Of Sector 12 Hanumangarh Junction, Tehsil And
District Hanumangarh (Raj.).
60. Ranveer S/o Sh. Sohan Lal S/o Hari Ram, By Caste Jat,
Resident Of Sector 12 Hanumangarh Junction, Tehsil And
District Hanumangarh (Raj.).
61. Balveer S/o Sh. Sohan Lal S/o Sh. Hari Ram, By Caste
Jat, Resident Of Sector 12 Hanumangarh Junction, Tehsil
And District Hanumangarh (Raj.).
62. Budh Ram S/o Sh. Ramchandra, By Caste Jat Sikh,
Resident Of Dholipal, Tehsil And District Hanumangarh
(Raj.).
63. Net Ram S/o Sh. Ramchandra, By Caste Jat Sikh,
Resident Of Dholipal, Tehsil And District Hanumangarh
(Raj.).
64. Om Prakash S/o Sh. Ramchandra, By Caste Jat Sikh,
Resident Of Dholipal, Tehsil And District Hanumangarh
(Raj.).
65. Indra Singh s/o Sh. Mani Ram, by caste Jat Sikh, resident
of Dholipal, Tehsil and District Hanumangarh (Raj.)
66. Jisukh S/o Sajan, By Caste Jat Sikh, Resident Of Dholipal,
Tehsil And District Hanumangarh (Raj.).
67. Chhabildas S/o Sh. Sajan, By Caste Jat Sikh, Resident Of
Dholipal, Tehsil And District Hanumangarh (Raj.).
68. Bhajan Lal S/o Sh. Devi Chand, By Caste Jat Sikh,
Resident Of Dholipal, Tehsil And District Hanumangarh
(Raj.).
69. Sukh Dev Singh S/o Sh. Nand Singh, By Caste Jat Sikh,
Resident Of Dholipal, Tehsil And District Hanumangarh
(Raj.).
70. Gurmel Singh S/o Sh. Nand Singh, By Caste Jat Sikh,
Resident Of Dholipal, Tehsil And District Hanumangarh
(Raj.).
(6 of 7) [SAW-223/2021]
71. Jagdev Singh S/o Sh. Sardar Singh, By Caste Jat Sikh,
Resident Of Dholipal, Tehsil And District Hanumangarh
(Raj.).
72. Pal Singh S/o Sh. Sardar Singh, By Caste Jat Sikh,
Resident Of Dholipal, Tehsil And District Hanumangarh
(Raj.).
73. Dayal Singh S/o Sh. Sardar Singh, By Caste Jat Sikh,
Resident Of Dholipal, Tehsil And District Hanumangarh
(Raj.).
74. Kapoor Singh S/o Sh. Pala Singh, By Caste Jat Sikh,
Resident Of Dholipal, Tehsil And District Hanumangarh
(Raj.).
75. Jantha Singh S/o Sh. Pala Singh, By Caste Jat Sikh,
Resident Of Dholipal, Tehsil And District Hanumangarh
(Raj.).
76. Gurdev Singh S/o Sh. Pala Singh, By Caste Jat Sikh,
Resident Of Dholipal, Tehsil And District Hanumangarh
(Raj.).
77. Chhinderpal Kaur W/o Sh. Gurmel Singh, By Caste Jat
Sikh, Resident Of Ward No. 17, Dholipal, Tehsil And
District Hanumangarh (Raj.).
78. Tehsildar (Revenue), Hanumangarh (Raj.).
----Respondents
For Appellant(s) : Mr. Aaksh Kukkar
For Respondent(s) : Mr. Baljinder Singh Sandhu,
Mr. S.K. Shreemali
HON'BLE THE CHIEF JUSTICE MR. AKIL KURESHI
HON'BLE MR. JUSTICE SANDEEP MEHTA
Judgment
21/10/2021
This appeal is directed against the order of the learned
Single Judge dated 10.03.2021, by which the writ petition of the
respondent No.1 herein has been admitted and by way of interim
relief, the operation of the order dated 10.02.2021, which was
(7 of 7) [SAW-223/2021]
challenged in the writ petition, has been stayed. The issue
pertained to right of way claimed by the respondent No.1 through
the agriculture land occupied by the petitioner, who happens to be
his brother.
In our view, the issue should be decided in the pending
appeal before the Revenue Appellate Authority and the
proceedings before this Court, particularly when the appeal is still
pending, should not be kept alive.
Accordingly, the appeal may be decided by the Revenue
Appellate Authority as far as possible within four months from the
date of receipt of copy of this order. Such appeal shall be decided
unmindful of any observations made by the Revenue Board.
Till the appeal is decided, both parties shall maintain status
quo with respect to the present status of the right of way claimed
by the respondent No.1.
Under the circumstances, the appeal is disposed of. CWP
No.4072/2021 has also become infructuous and the same is
disposed of accordingly.
(SANDEEP MEHTA),J (AKIL KURESHI),CJ
21-MohitTak/-
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