Rajasthan High Court - Jodhpur
Jannat vs State Of Rajasthan on 5 March, 2022
Bench: Vijay Bishnoi
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 3445/2022
1. Jannat W/o Bhage Khan, Aged About 71 Years, By Caste
Musalman, R/o Village Bahala, Tehsil Pokran, District
Jaisalmer, Rajasthan.
2. Gulam Kadar S/o Bhage Khan, Aged About 40 Years, By
Caste Musalman, R/o Village Bahala, Tehsil Pokran,
District Jaisalmer, Rajasthan.
3. Mohammed Husain S/o Bhage Khan, Aged About 32
Years, By Caste Musalman, R/o Village Bahala, Tehsil
Pokran, District Jaisalmer, Rajasthan.
4. Sarif S/o Deene Khan, Aged About 45 Years, By Caste
Musalman, R/o Village Bahala, Tehsil Pokran, District
Jaisalmer, Rajasthan.
5. Bakhat S/o Haji Khan, Aged About 30 Years, By Caste
Musalman, R/o Village Bahala, Tehsil Pokran, District
Jaisalmer, Rajasthan.
----Petitioners
Versus
1. State Of Rajasthan, Through Commissioner Colonization,
Bikaner.
2. The Dy. Commissioner, Colonization Nachana, District
Jaisalmer.
3. The Colonization Tehsildar, Nachana No. 2, District
Jaisalmer.
----Respondents
For Petitioner(s) : Mr. Binja Ram Jajra
HON'BLE MR. JUSTICE VIJAY BISHNOI
Judgment / Order
05/03/2022
Learned counsel for the petitioners has submitted
that in the matter being SBCWP No. 16992/2018 (Jannat
(2 of 3) [CW-3445/2022]
& Ors. Versus State of Rajasthan and Ors) involving
identical issue, this Court vide judgment dated
01.11.2018 ordered that till the petitioners' suit and
injunction application are decided, they shall not be
dispossessed from the land in question. Learned counsel
for the petitioners has submitted that the petitioners filed
a suit for permanent injunction in the Court of Assistant
Commissioner, Mohangarh A and B District Jaisalmer in
the year 2016 for permanent injunction with a prayer
that he may be declared as khatedar of the disputed
land. It is submitted by the learned counsel for the
petitioner that the respondent No.2 is neither deciding
the suit filed by the petitioner nor the application for
temporary injunction preferred along with suit under
Section 212 of the Rajasthan Tenancy Act, 1955.
Learned counsel for the petitioners has also
submitted that as in identical writ petitions, this Court
has already directed to decide the suit and the injunction
application within a period of one year and till then the
agriculturists may not be dispossessed from the land in
question, a similar direction may be issued in this case
also.
Having heard learned counsel for the petitioners and
after going through the material available on record, this
(3 of 3) [CW-3445/2022]
Court is of the opinion that it is not in the fitness of
things to issue directions to not to dispossess the
persons, who have filed Revenue Suit for the land in
question till the decision of the said suit, however, it
would be appropriate to direct the respondent No.2 - the
Dy. Commissioner, Colonization Nachana, Distt. Jaisalmer,
before whom the suit and temporary injunction
application of the petitioners is pending, either to decide
the suit expeditiously and if it is not possible for him to
decide the suit expeditiously, then at least he shall decide
the application filed on behalf of the petitioners for
temporary injunction within a period of six weeks from
the date of submission of certified copy of this order.
Ordered accordingly.
Hence, this writ petition is disposed of.
(VIJAY BISHNOI),J
166-msrathore/-
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