Khudabax vs Smt. Ajeeja (2023/Rjjd/007166)
2023 Latest Caselaw 2387 Raj

[2023/RJJD/007166]                      (1 of 3)                            [CW-10458/2022]


      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                       JODHPUR
                 S.B. Civil Writ Petition No. 10458/2022

Khudabax S/o Gabroo Khan, Aged About 67 Years, By Caste
Sindhi, Resident Of Sindhi Nagar, Kaparda, Tehsil Bilara, District
Jodhpur (Raj.).
                                                                            ----Petitioner
                                       Versus
1.       Smt. Ajeeja D/o Gabroo Khan W/o Subhan Khan, By
         Caste Sindhi Musalman
2.       Hasam Khan S/o Gabroo Khan, By Caste Sindhi
3.       Shahabuddin S/o Gabroo Khan, By Caste Sindhi All Are
         Residents Of Sindhi Nagar, Kaparda, Tehsil Bilara, District
         Jodhpur (Raj.)
4.       The State Of Rajasthan, Through Tehsildar, Tehsil Bilara,
         District Jodhpur (Raj.).
                                                                         ----Respondents
                                 Connected With
                 S.B. Civil Writ Petition No. 10495/2022
Khudabax S/o Gabroo Khan, Aged About 67 Years, By Caste
Sindhi, Resident Of Sindhi Nagar, Kaparda, Tehsil Bilara, District
Jodhpur (Raj.).
                                                                            ----Petitioner
                                       Versus
1.       Smt. Ajeeja D/o Gabroo Khan W/o Subhan Khan, By
         Caste       Sindhi   Musalman,            Resident         Of    Sindhi   Nagar,
         Kaparda, Tehsil Bilara, District Jodhpur (Raj.).
2.       Hasam Khan S/o Gabroo Khan, By Caste Sindhi, Resident
         Of Sindhi Nagar, Kaparda, Tehsil Bilara, District Jodhpur
         (Raj.).
3.       Shahabuddin S/o Gabroo Khan, By Caste Sindhi, Resident
         Of Sindhi Nagar, Kaparda, Tehsil Bilara, District Jodhpur
         (Raj.).
4.       The State Of Rajasthan, Through Tehsildar, Tehsil Bilara,
         District Jodhpur (Raj.).
                                                                         ----Respondents



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For Petitioner(s)         :     Mr. Teja Ram.
For Respondent(s)         :     Mr. Sugan Mal Parihar.



      HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI

                                     Order

22/03/2023

1.    These writ petitions under Article 226 & 227 of the

Constitution of India have been preferred, in sum and substance,

with the following prayers, and for the sake of convenience, the

prayer clauses are being taken from the leading case, S.B. Civil

Writ Petition No.10458/2022:-


      "(a) by an appropriate writ order or direction, the
      judgment Dated 21.06.2022 (Annexure-4) passed by
      the    learned   Board   of   Revenue,   Ajmer    in
      REVISION/L.R../606/2021/JODHPUR         and     the
      Judgment dated 06.11.2020 passed by the learned
      Additional Divisional Commissioner, Jodhpur in
      Revenue Appeal No.75/2018 (Annexure-3) and the
      order dated 28.02.2018 passed by the Additional
      District Collector (Land Conversion), Jodhpur in
      Revenue Appeal No.37/2017 (Annexure-2), may
      kindly be quashed and set aside.
      (b) The respondents may kindly be directed not make
      any change in the revenue record in regard to
      Mutation Entry No.561 which was accepted by the
      Tehsildar on 24.01.1996"


2.    Learned counsel for the petitioner has relied upon the

judgment rendered by this Hon'ble Court in the case of Krishna

Pal Singh Vs. Board of Revenue & Ors. (S.B. Civil Writ

Petition No.13787/2013) decided on 28.01.2014.

3.    Learned counsel for the respondents has relied upon the

judgment rendered by Hon'ble Apex Court in the case of Jeet



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                                   Narain and Anr. Vs. Govind Prasad and Ors. (Civil Appeal

                                   No.1447/2010) decided on 05.02.2010.

                                   4.     The core question which has arisen by learned counsel for

                                   the petitioner is that the parties are siblings and they are

                                   contesting for the succession; the objection raised by the

                                   petitioner is that there is a delay of 21 years in raising the issue.

                                   5.     Learned counsel for the respondent, however, opposes and

                                   submits that there is a question of succession and none of the

                                   parties is going to be prejudiced and the succession shall be

                                   decided strictly in accordance with law.

                                   6.     After hearing learned counsel counsel for the parties and

                                   perusing the precedent law of Hon'ble Apex Court, this Court finds

                                   that   the    parties   being      siblings,       the    dispute   regarding   the

                                   succession need to be decided after adopting proper process of

                                   law and there is no legal infirmity with the impugned order and

                                   thus, the present petitions are accordingly dismissed.

                                   7.     All pending applications stand disposed of.



                                                                   (DR. PUSHPENDRA SINGH BHATI), J.

19-20-Jitender//-

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