Rajasthan High Court
Smt. Murti Daughter Of Late Shri Badliya ... vs The State Of Rajasthan ... on 23 August, 2024
Author: Anoop Kumar Dhand
Bench: Anoop Kumar Dhand
[2024:RJ-JP:35712]
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Writ Miscellaneous Application No. 191/2024
In
S.B. Civil Writ Petition No.8175/2023
Smt. Murti Daughter Of Late Shri Badliya Gurjar, Wife Of Shri
Phoolchand Gurjar, Aged About 51 Years, Resident Of Jainpurbas,
Tehsil Behror, District Alwar (Rajasthan).
----Petitioner
Versus
1. The State Of Rajasthan, Through The Principal Secretary,
Department Of Revenue, Government Secretariat, Jaipur
(Rajasthan).
2. The Sub-Divisional Officer, Behror, District Alwar
(Rajasthan).
3. The Tehsildar, Behror, District Alwar (Rajasthan).
4. Subhash Son Of Shri Jairam Gurjar, Aged About 39 Years,
Resident Of Gram Jainpurabas, Tehsil Behror, District
Alwar.
5. Smt. Shanti Widow Of Kailash, Aged About 50 Years,
Resident Of Gram Jainpurabas, Tehsil Behror, District
Alwar.
6. Dholaram Son Of Kailash, Aged About 32 Years, Resident
Of Gram Jainpurabas, Tehsil Behror, District Alwar.
7. Mukesh Son Of Kailash, Aged About 27 Years, Resident Of
Gram Jainpurabas, Tehsil Behror, District Alwar.
8. Ramswaroop Son Of Shri Nahar Singh Gurjar, Aged About
74 Years, Resident Of Gram Jainpurabas, Tehsil Behror,
District Alwar.
9. Bobad Son Of Shri Nahar Singh Gurjar, Aged About 69
Years, Resident Of Gram Jainpurabas, Tehsil Behror,
District Alwar.
10. Smt. Misarli Widow Of Shri Harnath Gurjar, Aged About
89 Years, Resident Of Gram Jainpurabas, Tehsil Behror,
District Alwar.
11. Dulichand Son Of Shriram, Aged About 32 Years, Resident
Of Gram Jainpurabas, Tehsil Behror, District Alwar.
12. Satish Son Of Shriram, Aged About 44 Years, Resident Of
Gram Jainpurabas, Tehsil Behror, District Alwar.
13. Gyarsi Widow Of Shriram, Aged About 84 Years, Resident
Of Gram Jainpurabas, Tehsil Behror, District Alwar.
14. Mst. Sundari Widow Of Pappu Gurjar, Aged About 52
Years, Resident Of Gram Jainpurabas, Tehsil Behror,
District Alwar.
15. Raju Son Of Pappu Gurjar, Aged About 26 Years, Resident
Of Gram Jainpurabas, Tehsil Behror, District Alwar.
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[2024:RJ-JP:35712] (2 of 4) [WMAP-191/2024]
16. Lalchand Son Of Pappu Gurjar, Aged About 20 Years,
Resident Of Gram Jainpurabas, Tehsil Behror, District
Alwar.
17. Hero Daughter Of Pappu Gurjar, Aged About 21 Years,
Resident Of Gram Jainpurabas, Tehsil Behror, District
Alwar.
18. Sushma Daughter Of Pappu Gurjar, Aged About 18 Years,
Resident Of Gram Jainpurabas, Tehsil Behror, District
Alwar.
19. Harpyari Widow Of Shri Subhash, Aged About 54 Years,
Resident Of Gram Jainpurabas, Tehsil Behror, District
Alwar.
20. Ashok Son Of Shri Subhash, Aged About 29 Years,
Resident Of Gram Jainpurabas, Tehsil Behror, District
Alwar.
21. Omveer Son Of Subhash, Aged About 24 Years, Resident
Of Gram Jainpurabas, Tehsil Behror, District Alwar.
22. Mst. Chimali Daughter Of Shri Prabhati, Aged About 89
Years, Resident Of Gram Jainpurabas, Tehsil Behror,
District Alwar.
----Respondents
For Petitioner(s) : Mr. Ashvin Garg,
Mr. Prakash Kumar Jha
For Respondent(s) : Mr. Gajendra Singh Rathore
HON'BLE MR. JUSTICE ANOOP KUMAR DHAND
Order
23/08/2024
1. Instant miscellaneous application has been filed by the
applicant-Subhash for recalling the order dated 09.11.2023
passed by this Court while deciding S.B. Civil Writ Petition
No.8175/2023 submitted by the writ petitioner-respondent Smt.
Murti.
2. Learned counsel for the applicant submits that with regard to
similar property in question, various civil proceedings are pending
before the different Courts wherein interim orders passed by the
Competent Court with regard to maintaining status quo by all the
[2024:RJ-JP:35712] (3 of 4) [WMAP-191/2024]
respective parties. Learned counsel further submits that the
aforesaid facts were not brought into the notice of the Court and
without impleading the application as a party in the writ petition.
Learned counsel further submits that this Court has allowed the
writ petition filed by the writ petitioner-respondent Smt. Murti vide
order dated 09.11.2023, directing the Executing Court to decide
the execution proceedings within a period of one year. Learned
counsel also submits that since two different matters are pending
before two different Courts and interim orders are operating
against all the respective parties, therefore, under these
circumstances, the order dated 09.11.2023 passed by this Court
be recalled and the applicants be provided adequate opportunity,
after impleading them as party respondent.
3. Per contra, learned counsel for the writ petitioner-respondent
opposed the argument advanced by learned counsel for the
applicant and submitted that a judgment and decree was passed
in favour of the petitioner wayback in the year 1963 and till date,
the respondent-writ petitioner is not in a position to get the fruits
of the decree, hence, under these circumstances, no option was
left with the respondent-writ petitioner to approach this Court,
seeking appropriate directions against the Executing Court to
expedite the executing proceedings.
4. Considering all these factual aspects of the matter, this Court
vide order dated 09.11.2023 directed the Deputy Collector, Behror
to expedite the proceedings of the execution proceedings. Counsel
submits that under these circumstances, interference of this Court
is not warranted.
[2024:RJ-JP:35712] (4 of 4) [WMAP-191/2024]
5. Heard and considered the submissions and perused the
material available on record.
6. Perusal of the record indicates that after passing of the
decree in the year 1963, certain other suits/proceedings have
been instituted by the respective parties with regard to the same
property in question before different Courts wherein interim orders
have been passed with regard to the property in question and the
parties have been directed to maintain status quo. But these
orders were not brought into notice of this Court.
7. While filing S.B. Civil Writ Petition No.8175/2023, the
applicant-Subhash was not impleaded as respondent and the order
dated 09.11.2023 has been passed by this Court ex-parte.
8. Considering the above factual aspect of the matter, the order
dated 09.11.2023 is recalled and the S.B. Writ Petition
No.8175/2023 is restored to its original number.
9. Learned counsel for the writ petitioner-respondent is directed
to implead the applicant-Subhash as party respondent in the said
petition.
(ANOOP KUMAR DHAND),J
Seema/188
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