Moola Alias Moolchand S/O Sh. ... vs Gokul S/O Ganesh
2023 Latest Caselaw 717 Raj/2

       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                   BENCH AT JAIPUR

                S.B. Civil Writ Petition No. 1295/2023

Moola Alias Moolchand S/o Sh. Manguram, Aged About 85 Years,
R/o Dhani Kakadawali, Village Jaswantpura, Tehsil Srimadhopur,
District Sikar (Raj.)
                                                     ----Petitioner-Defendant
                                    Versus
1.      Gokul S/o Ganesh, Aged About 46 Years, Profession
        Farmer, R/o Dhani Kakadawali, Village Jaswantpura, Tehsil
        Srimadhopur, District- Sikar (Raj.)
2.      Sub Divisional Officer, Srimadhopur, District- Sikar (Raj.)
                                                                 .........Respondents

3. Bhoomidhari Through Tehsildar, Srimadhopur, District Sikar Rajasthan.

                                     ----Proforma-respondent-Defendant


For Petitioner(s)          :     Mr. Nikhil Simlote for
                                 Ms. Falak Mathur
For Respondent(s)          :



      HON'BLE MR. JUSTICE MAHENDAR KUMAR GOYAL

                                     Order

20/01/2023

This writ petition has been filed seeking a direction to keep

the proceedings under Section 251-A of the Rajasthan Tenancy

Act, 1955 (for brevity, "the Act of 1955") pending before the Sub-

Divisional Officer (for brevity, "SDO"), Shrimadhopur, District Sikar

in abeyance till final decision of the suit filed by him against the

respondents pending in the Court of learned Civil Judge,

Shrimadhopur and not to change nature and way of the disputed

property till disposal of the civil suit.

(2 of 3) [CW-1295/2023]

The relevant facts in brief are that the petitioner along with

others filed a suit for declaration and permanent injunction against

the respondents which is pending in the Court of learned Civil

Judge, Shrimadhopur, District Sikar claiming their right to use a

public way of 15 ft. width wherein, the learned trial Court has,

vide order dated 03.02.2021, directed the parties to maintain

status quo qua the subject land. During pendency of the suit, the

respondent No.1 filed application under Section 251-A of the Act

of 1955 for creation of a 15 ft. wide way on the southern side of

Khasra No.116/1. The SDO vide its order dated 12.12.2022

dismissed an application filed by the petitioner under Section 10

read with Section 151 CPC which is subject matter of challenge in

a Revision Petition No.7381/2022 preferred by the petitioner

before the Board of Revenue Rajasthan, Ajmer (for brevity,

"BoR"). In the aforesaid circumstances, this writ petition has been

filed with aforesaid prayers.

Learned counsel for the petitioner submits that since the BoR

is not passing any interim order in the pending revision petition,

this Court may keep the proceedings under Section 251-A of the

Act of 1955 in abeyance and the respondents may be restrained

from changing the nature and way of disputed property till

disposal of the civil suit.

Heard. Considered.

The application filed by the petitioner under Section 10 read

with Section 151 CPC has been dismissed by the Court of SDO

vide its judgment dated 12.12.2022 which has been assailed by

the petitioner by way of a revision petition before the BoR in which

notice for admission as also of stay application has already been

issued.

(3 of 3) [CW-1295/2023]

Since, the matter is subjudice before the BoR, this Court

finds no occasion to interfere in the matter in its writ jurisdiction

either to stay the proceedings under Section 251-A till decision of

the civil suit or to restrain the respondents from changing the

nature and way of disputed property till disposal of the civil suit.

As a matter of fact, by way of this writ petition, the petitioner

prays for the relief, which is not even subject matter of the

revision petition wherein, the order passed by the Court of SDO

rejecting his application under Section 10 read with Section 151

CPC such as prayer for a direction to the respondent not to change

nature and way of the disputed property during pendency of the

civil suit. In so far as this relief is concerned, as per the petitioner

himself, there is already an order of status quo passed by the

competent Civil Court and the petitioner could not satisfy as to

why in the teeth of the interim order of status quo already

operating in his favour by the competent Civil Court, he has made

such prayer in this writ petition.

In the aforesaid circumstances, it is apparent this writ

petition is wholly misconceived and is abuse of the process of law,

which is dismissed with cost of Rs.2000/-. The aforesaid cost will

be deposited by the petitioner within a period of four weeks with

the Litigants Welfare Fund, Rajasthan High Court, Jaipur.

(MAHENDAR KUMAR GOYAL),J

Sudha/136

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