Pokar Ram vs Doli Banam Mandir Shri Mahadevji ...
2023 Latest Caselaw 7462 Raj

[2023:RJ-JD:30931-DB]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR D.B. Special Appeal Writ No. 113/2021

Pokar Ram S/o Shri Bhera Ram, Aged About 55 Years, Resident of Guda Prithviraj, Tehsil Desuri, District Pali.

----Appellant Versus

1. Doli Banam Mandir Shri Mahadevji (Jaikalnath), Narlai, minor through next friend (Pujari) Suresh Kumar S/o Mandanlal, Resident of Narlai, Tehsil Desuri, District Pali.

2. State of Government, through District Collector, Pali.

3. Tehsildar, Desuri, District Pali (land holder on behalf of State Government).

----Respondents

For Appellant(s) : Mr. Bharat Shrimali

HON'BLE MR. JUSTICE VIJAY BISHNOI HON'BLE MR. JUSTICE YOGENDRA KUMAR PUROHIT

Judgment

20/09/2023

1. This special appeal writ has been filed by the appellant being

aggrieved with the order dated 22.01.2021 passed by the learned

Single Judge of this Court in S.B. Civil Writ Petition

No.10120/2020 [Pokar Ram Vs. Doli Banam Mandir Shri

Mahadevji (JAIKALNATH) & Ors.].

2. Learned Single Judge has observed that the appellant is

aggrieved by the order of the appointment of Receiver by the SDM

concerned, which later on, came to be affirmed by the Revenue

Appellate Authority as well as the Board of Revenue. It is also

observed by the learned Single Judge that after appointment of

the Receiver, the main suit filed on behalf of the

[2023:RJ-JD:30931-DB] (2 of 2) [SAW-113/2021]

plaintiff/respondent No.1 came to be dismissed by the SDM

concerned, the said dismissal has also been affirmed by the

Revenue Appellate Authority and the second appeal filed by the

plaintiff/respondent No.1 is pending consideration before the

Board of Revenue, no further order is required to be passed in the

writ petition filed by the appellant.

3. Having heard learned counsel for the appellant and after

perusing the material available on record, we don't find any

illegality in the view expressed by the learned Single Judge vide

impugned order, hence, no interference is called for.

4. Accordingly, this special appeal writ is dismissed.

5. Stay application also stands dismissed.

(YOGENDRA KUMAR PUROHIT),J (VIJAY BISHNOI),J

Abhishek Kumar S.No.40

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