Heera Lal S/O Daulat Ram vs State Of Raj
2022 Latest Caselaw 14536 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 262/2021

1. Heera Lal S/o Daulat Ram, Since Deceased Through Legal Representatives.

1/1 Smt. Ratni W/o Wd/o Shri Heera Lal Dholi, Aged About 60 Years, R/o Chandpol Road, Masjid Ke Pass, Gangrar, District Chittorgarh.

1/2 Jagdish S/o Late Shri Heera Lal Dholi, Aged About 40 Years, R/o Chandpol Road, Masjid Ke Pass, Gangrar, District Chittorgarh.

1/3 Indra D/o Late Shri Heera Lal Dholi, Aged About 20 Years, R/o Post. Kadwasa, Tehsil And District Nimach, M.p. 1/4 Diya D/o Late Shri Heera Lal Dholi, W/o Harish, Aged About 18 Years, R/o Post Rolayeda, Tehsil And District Chittorgarh.

1/5 Krishna D/o Late Shri Heera Lal Dholi, Wd/o Late Raju, Aged About 24 Years, Through Bhawani Ram Dholi, R/o Post. Aarnoda Musalmano Ka Mohalla, Tehsil Nimbaheda, District Chittorgarh.

2. Kana @ Kanhya Lal S/o Daulat Ram Dholi, Aged About 62 Years, R/o Post Arnoda, Musalmano Ka Mohalla, Tehsil Nimbaheda, District Chittorgarh.

----Petitioners Versus

1. State Of Raj, Through Tehsildar, Gangrar, District Chittorgarh.

2. Executive Engineer, Ajmer Vidhyut Vitran Nigam Ltd.

Gangrar, District Chittorgarh.

3. Shyam Lal S/o Daulat Ram, Since Deceased Through Legal Representatives.

3/1 Smt. Madhu Devi W/o Wd/o Shyam Lal Dholi, R/o Chandpol Road, Masjid Ke Pass, Gangrar, District Chittorgarh.

3/2 Bheru Lal S/o Late Shyam Lal Dholi, R/o Chandpol Road, Masjid Ke Pass, Gangrar, District Chittorgarh. 3/3 Rajesh S/o Late Shyam Lal Dholi, R/o Chandpol Road, Masjid Ke Pass, Gangrar, District Chittorgarh.

3/4    Anil S/o Late Shyam Lal Dholi, R/o Chandpol Road, Masjid


                                              (2 of 5)                 [CW-262/2021]

Ke Pass, Gangrar, District Chittorgarh. 3/5 Laxmi D/o Late Shyam Lal Dholi. W/o Sanjay, R/o Glass Factory, Sundarwas, District Udaipur.

3/6 Heena D/o Late Shyam Lal Dholi. W/o Dinesh, R/o Indra Colony, Amer, District Rajsamand.

4. Vijay D/o Bhagwan Lal Dholi, R/o Chandpol Road, Masjid Ke Pass, Gangrar, District Chittorgarh.

5. Mst. Bhanwari W/o Wd/o Bhagwan Lal Dholi, (Died)

----Respondents

For Petitioner(s) : Mr. Rajeev Purohit.

For Respondent(s)           :    Mr. Abhinav Jain.



              HON'BLE MR. JUSTICE ARUN BHANSALI

                                      Order

12/12/2022

Pursuant to the order dated 29/11/2022, respondents no.

3/1 to 3/6 are present before this Court.

The matter comes up on an application filed by the

respondents no. 3/1 to 3/6 seeking dismissal of the writ petition

as infructuous on account of compromise arrived at between the

parties.

It is inter alia indicated in the application that the petitioners

and non-petitioners are cousin brothers & sisters and descendants

of Shri Daulat Ram. On the demise of Daulat Ram, the property

devolved in four sons in equal share. Two brothers, Heera Lal and

Kana transferred the share in favour of Shyam Lal on 13/8/1986.

The suit was instituted for division of holding before the SDO

suppressing the execution of sale deed by Heera Lal and Kana to

which response along with counter claim was filed pointing out the

execution of sale deed and also claimed adverse possession. The

(3 of 5) [CW-262/2021]

SDO dismissed the suit and decreed the counter claim. Against

dismissal of the suit and decree of the counter claim, an appeal

was preferred before the Revenue Appellate Authority, which

allowed the appeal. The respondents approached the Board of

Revenue, which allowed the appeal by its judgment dated

14/9/2020.

It is claimed in the application that as the parties were

litigating before various forums for over three decades, the elders

of the village and several relatives held parleys and eventually the

petitioners and respondents entered into a compromise dated

6/1/2021, which has been filed as Annex.C/1 with the application.

It is indicated that in the compromise, the petitioners have

accepted the due execution of sale deed by Heera Lal and Kana in

favour of Shayam Lal and, therefore, they agreed to withdraw the

writ petition as well as appeal filed before the RAA. Based on the

above, it is submitted that the present petition has become

infructuous and, therefore, the same deserves dismissal.

A reply to the application has been filed inter alia indicating

that notices were ordered to be issued by this Court on 24/2/2021

and interim order was granted, whereby, the effect & operation of

the order dated 14/9/2020 passed by the Board of Revenue was

stayed, however, no such application was filed over a period of

one and a half year as the respondents were in knowledge that

the compromise has not been acted upon, the application has

been filed with oblique motive and, therefore, the compromise

filed by the respondents does not survive and the petition cannot

be dismissed on this ground.

Learned counsel for the applicants made vehement

submissions that before the interim order was passed by this

(4 of 5) [CW-262/2021]

Court on 24/2/2021, the compromise had already been signed on

6/1/2021, which aspect was not pointed out by the petitioners

before this Court and as such, the order was obtained by

suppressing the material fact.

Further submissions were made that in view of the

compromise arrived at between the parties, wherein, the

petitioners have agreed to withdraw the present petition, they

cannot proceed with the said petition and on that count also the

petition deserves dismissal.

Learned counsel for the petitioners made submissions that

the interim order was granted by this Court on 24/2/2021 and the

respondents were served in the month of March, 2021, despite

that for over 18 months appearance was not made and no plea

was raised based on the compromise, which clearly reflects that

the purported compromise was not acted upon and, therefore, the

plea raised based the said compromise cannot be accepted. The

order passed by the Board of Revenue is ex facie illegal in view of

the judgment of this Court in Smt. Iqbal Banu vs. Ramesh &

Ors. : S.B.Civil First Appeal No. 166/2018 decided on 12/9/2018.

It was prayed that the application be rejected.

I have considered the submissions made by learned counsel

for the parties and have perused the material available on record.

A bare perusal of the compromise relied on by the

respondents reveals that under the said compromise, the

petitioner purportedly agreed, with a view to put an end to the

litigation, to withdraw the present petition as well as the

proceedings pending before the RAA. The compromise was

executed on 6/1/2021, wherein, reference to a pending writ

petition has been made, i.e. the present writ petition, which was

(5 of 5) [CW-262/2021]

filed on 3/11/2020. The sum and substance of the compromise is

that the petitioners were to withdraw the proceedings pending

before this Court as well as RAA. No duty has been cast on the

respondents in the said compromise i.e. in lieu of withdrawal of

the writ petition and proceedings before the RAA, what the

petitioners were going to gain. The mere fact that pending

litigation would come to an end by itself cannot be said to be a

consideration sufficient for coming to the conclusion that the

petitioners had gained anything out of the said compromise.

The very fact that the compromise was executed on

6/1/2021, interim order was granted on 24/2/2021, the

respondents were served in March, 2021 and application has been

filed in November, 2022 clearly gives credence to the plea raised

by the petitioners that the respondents themselves had

abandoned / not acted on the said compromise, as otherwise in

view of the fact that they were aware of pending writ petition and

the interim order was granted by the Court in February, 2021 they

would have immediately approached this Court and would not

have waited for over one year and nine months.

In that view of the matter, the plea raised by the

respondents, based on the said compromise, cannot be accepted.

The application is, therefore, dismissed.

(ARUN BHANSALI),J 266-baweja/-

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