Citation : 2023 Latest Caselaw 4642 Raj/2
Judgement Date : 6 September, 2023
[2023:RJ-JP:21416]
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Civil Writ Petition No. 3713/1999
1. Gopal S/o Shri Asaram R/o Awan Tehsil Sangod, District
Kota.
2. Ratan Lal S/o Shri Asaram R/o Awan Tehsil Sangod, District
Kota.
3. Panna Lal S/o Shri Asaram R/o Awan Tehsil Sangod, District
Kota.
4. Basanti Lal S/o Shri Asaram R/o Awan Tehsil Sangod,
District Kota.
----Petitioners
Versus
1. State of Rajasthan, through the Revenue Secretary,
Government of Rajasthan, Jaipur.
2. Board of Revenue, Ajmer.
3. The Additional District Collector, Kota
4. The Tehsildar, Sangod, District Kota.
----Respondents
For Petitioner(s) : None present For Respondent(s) : Mr. K.C. Sharma
HON'BLE MR. JUSTICE GANESH RAM MEENA
Judgment / Order
06/09/2023
1. On 16.08.2023, when the case was called for hearing, no
one put in appearance on behalf of the petitioners and the matter
was adjourned for 23.08.2023. Again on 23.08.2023, no one put
in appearance on behalf of the petitioners even in the second
round.
2. Today also there is no one on behalf of the petitioners.
3. The issue is covered by the Full Bench decision of this Court
at Principal seat, Jodhpur passed in D.B. Civil Special Appeal
[2023:RJ-JP:21416] (2 of 2) [CW-3713/1999]
No.185/2001, Tara and Ors. Vs. State of Rajasthan and Ors., on
15.07.2015. However, against that SLP is pending before the
Supreme Court.
4. In view of the judgment of the Full Bench, as referred above,
the High Court disposed the S.B.Civil Writ Petition No.3907/1990
"Ishwari & Ors. Vs. State of Rajasthan & Ors." decided on
01.11.2022, which is as under:-
"1. The issue is covered by the Full Bench decision of this Court at Principal seat, Jodhpur passed in D.B. Civil Special Appeal No.185/2001, Tara and Ors. Vs. State of Rajasthan and Ors., on 15.07.2015. However, against that SLP is pending before the Supreme Court. Therefore, the parties will be governed by the decision of Supreme Court. Till then, status quo will be maintained by both the sides. The parties will be covered by the decision passed in SLP. The State Government will take action only after the SLP dismissed in favour of State Government. Till then, no action will be taken against the petitioners."
5. In view of the above, the present writ petition also disposed
of with the observations that the parties will be governed by the
decision of Supreme Court. Till then, status quo will be maintained
by both the sides. The parties will be covered by the decision
passed in SLP. The State Government will take action only after
the SLP dismissed in favour of State Government. Till then, no
action will be taken against the petitioners.
6. Liberty is granted to revive in case of difficulties.
(GANESH RAM MEENA),J
ARTI SHARMA /2
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