Rajasthan High Court
Ramavatar S/O Kastur Chand vs State Of Rajasthan on 20 October, 2021
Bench: Ashok Kumar Gaur
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Miscellaneous (Petition) No. 4216/2021
1. Ramavatar S/o Kastur Chand, R/o Karwar Tehsil Nainwa
District Bundi Rajasthan
2. Ramprasad S/o Kastur Chand, R/o Karwar Tehsil Nainwa
District Bundi Rajasthan
3. Manmohan Sharma S/o Ramprasad Sharma, R/o Karwar
Tehsil Nainwa District Bundi Rajasthan
4. Narendra Kumar Sharma S/o Kastur Chand, R/o Karwar
Tehsil Nainwa District Bundi Rajasthan
----Petitioners
Versus
1. State Of Rajasthan, Through Pp
2. Sub Divisional Magistrate, Nainwa District Bundi
Rajasthan
3. Tehsildar, Tehsil Nainwa District Bundi Rajasthan
4. Kamlesh S/o Radha Kishan, Resident of Karwar, Tehsil
Nainwa, Bundi.
5. Jagdish S/o Harnath, Resident of Karwar, Tehsil Nainwa,
Bundi.
6. Dev Karan S/o Chittar, Resident of Karwar, Tehsil Nainwa,
Bundi.
7. Krishan Murari S/o Bhanwar Lal, Resident of Karwar,
Tehsil Nainwa, Bundi.
----Respondents
For Petitioner(s) : Mr.Vikas Kabra, Adv.
HON'BLE MR. JUSTICE ASHOK KUMAR GAUR
Order
20/10/2021
Learned counsel for the petitioners submitted that a Civil
Suit No.3/16 has been filed by the Petitioners as Pujari and
Sevadar on behalf of Murti Mandir Shree Sanwla Nath Ji Maharaj.
(2 of 3) [CRLMP-4216/2021]
Learned counsel submitted that in the said suit, an order has
been passed on Temporary Injunction Application dated
20.01.2018, whereby both the parties have been directed to
maintain the status quo.
Learned counsel for the petitioners submitted that the
respondent Nos.4 to 7 initially submitted a representation through
Gurjar Community Nainwa & Karwar, Tehsil Nainwa, District Bundi
(Raj.) to one Minister in the State Government and one application
was also submitted on 02.09.2020 to SDO Nainwa, District Bundi
to initiate proceedings under Section 145 Cr.P.C.
Learned counsel submitted that the SDO Nainwa, District
Bundi sought a report from Patwari of the area concerned and
Tehsildar Nainwa sent the report dated 04.09.2020 to the SDO,
Nainwa, whereby a specific finding was recorded that the
petitioners were in possession of the land in question and some of
the portion, they were cultivating themselves and rest of the land
was given to the tenants for cultivation purposes.
Learned counsel for the petitioners submitted that after such
report being received, the SDO, Nainwa issued an order dated
08.09.2020 initiating the proceedings under Section 145(1) of
Cr.P.C.
Learned counsel submitted that the petitioners have already
filed reply to the said notice and the fact of passing interim order
by the Civil Court has also been informed.
Learned counsel submitted that in spite of reply being filed,
the SDO, Nainwa is proceeding further in the matter and he
intends to appoint any receiver by exercising powers under
Section 146 Cr.P.C.
(3 of 3) [CRLMP-4216/2021]
Learned counsel for the petitioners also places reliance on a
judgment reported in 1994 2 RLR 607 (Yaqub Ali Vs. State of
Rajasthan).
Learned counsel on the strength of the said judgment
submitted that once civil litigation is pending where question of
user/possession is also involved, proceedings under Section 145
(1) or 147 cannot be initiated.
Issue notice of the petition as well as stay application,
returnable on 15.11.2021. Notices be given 'dasti', if prayed.
Till the next date, the SDO, Nainwa is restrained to pass any
final order in response to the notice dated 08.09.2020 issued to
the petitioners.
(ASHOK KUMAR GAUR),J
Monika/Ramesh Vaishnav
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