Rajasthan High Court - Jodhpur
Smt. Koyali vs Lrs Of Giridhari And Ors on 1 December, 2022
Bench: Pankaj Mithal, Dinesh Mehta
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
D.B. Spl. Appl. Writ No. 1251/2011
Mst. Koyalee
----Appellant
Versus
Gajendra Singh And Ors.
----Respondents
Connected With
1. D.B. Civil Writ Petition No. 5653/2007
2. D.B. Civil Writ Petition No. 5654/2007
3. D.B. Civil Writ Petition No. 6421/2007
4. D.B. Civil Writ Petition No. 10317/2009
5. D.B. Civil Writ Petition No. 10277/2010
6. D.B. Civil Writ Petition No. 10278/2010
7. D.B. Spl. Appl. Writ No. 1466/2011
8. D.B. Civil Writ Petition No. 3363/2011
9. D.B. Civil Writ Petition No. 5641/2018
10. D.B. Civil Writ Petition No. 6926/2018
11. D.B. Civil Writ Petition No. 6967/2018
12. D.B. Civil Writ Petition No. 7476/2018
13. D.B. Civil Writ Petition No. 7485/2018
14. D.B. Civil Writ Petition No. 7663/2018
15. D.B. Writ Contempt No. 480/2020
For Appellant(s) : Mr. J.L. Purohit, Sr. Advocate assisted
by Mr. Rajeev Purohit
Mr. S.L. Jain.
Mr. H.R. Soni
Dr. Nupur Bhati
Mr. Harish Purohit
For Respondent(s) : Mr. D.S. Rajvi
Mr. Vineet Dave
Mr. Nitin Trivedi
Mr. Rajat Dave
(2 of 3) [SAW-1251/2011]
HON'BLE THE CHIEF JUSTICE MR. PANKAJ MITHAL
HON'BLE MR. JUSTICE DINESH MEHTA
Order
01/12/2022
After hearing learned counsel for the parties, it is apparent
that the Board of Revenue vide judgment and order dated
27.08.2010 held that appellant Koyalee had Khatedari rights in
respect of 2 Bigha 5 Biswa of land forming part of Khasra No.83,
Khasra No.104 measuring 18 Bigha 17 Biswa and Khasra No.108
having an area of 11 Bigha and 8 Biswa. The aforesaid judgment
and order of the Board of Revenue dated 27.08.2010 was
challenged by Girdhari Ram by means of S.B. Civil Writ Petition
No.9101/2010 Girdhari Ram Vs. Board of Revenue Ajmer & Ors.
which appears to have been disposed of. The Jodhpur
Development Authority has filed two writ petitions one is S.B. Civil
Writ Petition No.3363/2011 Jodhpur Development Authority Vs.
Koyalee & Ors. against the above order dated 27.08.2010 and the
second is S.B. Civil Writ Petition No.10317/2009 Jodhpur
Development Authority Vs. Girdhari & Ors. against the order dated
28.06.2003, passed by the Revenue Appellate Authority allowing
the appeal filed by Girdhari, was allowed.
The aforesaid writ petitions are pending for consideration.
The crux of the matter in this litigation is as to the ownership
of the above lands, whether the same belongs to the State or
vested in the then Urban Improvement Trust (now Jodhpur
Development Authority) or it is the land of a private person -
Bhera Ram that had devolved upon Girdhari or Koyalee and has
rightly been transferred subsequently to various persons.
(3 of 3) [SAW-1251/2011]
In view of the above, we are of the opinion that the writ
petitions pending before the learned Single Judge be decided first.
Accordingly, we direct the Registry to send back the records
of the writ petitions to the Roster Bench or the Bench assigned
with the request that the writ petitions be decided most
expeditiously.
(DINESH MEHTA),J (PANKAJ MITHAL),CJ
13-28-Ramesh/Arvind/-
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