Rajasthan High Court - Jodhpur
Mangilal vs The State Of Rajasthan ... on 14 August, 2025
Author: Kuldeep Mathur
Bench: Kuldeep Mathur
[2025:RJ-JD:36604]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 14698/2025
Mangilal S/o Motaram, Aged About 45 Years, Resident Of
Karnipura, Village Baithwasia, Tehsil Osian, District Jodhpur,
Rajasthan.
----Petitioner
Versus
1. The State Of Rajasthan, Through Secretary, Revenue
Department, Government Of Rajasthan, Jaipur.
2. The District Collector (Revenue), District Jodhpur.
3. Sub District Officer, Osian, District Jodhpur.
4. Tehsildar, Tehsil Osian, District Jodhpur.
5. Champa Devi W/o Harjiram, Resident Of Karnipura,
Village Baithwasia, Tehsil Osian, District Jodhpur,
Rajasthan.
6. Omprakash S/o Sidharm, Resident Of Karnipura, Village
Baithwasia, Tehsil Osian, District Jodhpur, Rajasthan.
7. Parasram S/o Sidharm, Resident Of Karnipura, Village
Baithwasia, Tehsil Osian, District Jodhpur, Rajasthan.
8. Pemaram S/o Motaram, Resident Of Karnipura, Village
Baithwasia, Tehsil Osian, District Jodhpur, Rajasthan.
9. Benaram S/o Motaram, Resident Of Karnipura, Village
Baithwasia, Tehsil Osian, District Jodhpur, Rajasthan.
10. Durgaram S/o Motaram, Resident Of Karnipura, Village
Baithwasia, Tehsil Osian, District Jodhpur, Rajasthan.
11. Rajo W/o Sidharam, Resident Of Karnipura, Village
Baithwasia, Tehsil Osian, District Jodhpur, Rajasthan.
12. Ridaram S/o Kishanram, Resident Of Karnipura, Village
Baithwasia, Tehsil Osian, District Jodhpur, Rajasthan.
----Respondents
For Petitioner(s) : Mr. Dinesh Jain
Mr. Bhawesh Kr. Kumawat
For Respondent(s) : -
HON'BLE MR. JUSTICE KULDEEP MATHUR
[2025:RJ-JD:36604] (2 of 3) [CW-14698/2025]
Order
14/08/2025
By way of filing the instant writ petition under Article 226 of
the Constitution of India, the petitioner has prayed for the
following reliefs:-
"It is, therefore, most humbly and respectfully
prayed that this writ petition may kindly be allowed and by
an appropriate writ. order or direction the Hon'ble Court
may be pleased to: -
(i) Quash and set aside the impugned order dated
15.05.2025 (Annexure-4) passed by the Rajasthan
Revenue Board, Ajmer in Revision No. 9209/2024.
(ii) Quash the order dated 19.11.2024 (Annexure-3)
passed by the Sub District Officer, Osian, District Jodhpur
in application no. 233/2022, and restore the status quo of
possession.
(iii) Declare proceedings in application No. 233/2022
initiated by Respondent No. 5 as illegal and without
jurisdiction, and all consequential actions therein as non-
est and void ab initio.
(iv) Any other appropriate order or direction which this
Hon'ble Court consider just and proper in the facts and
circumstances of the case may kindly be passed in favour
of the petitioner."
2. Upon perusal of the impugned orders, this Court finds that
learned Sub-District Officer, Osian, District Jodhpur and learned
Board of Revenue, Ajmer in the impugned orders dated
19.11.2024 and 15.05.2025 while deciding the application filed by
the petitioner has recorded a finding that the applications filed by
the petitioner under Sections 111 and 128 of Rajasthan Land
Revenue Act, 1956 and the suit filed under Sections 88 and 136 of
Rajasthan Tenancy Act are not substantially same and, therefore,
the prayer to stay the suit filed later in time cannot be accepted.
This Court also finds that both the learned Courts below in their
judgments have noticed that the ingredients of Section 10 of
C.P.C. for staying proceedings suit filed later in time are not
[2025:RJ-JD:36604] (3 of 3) [CW-14698/2025]
available in the present case and, therefore, the proceedings to
stay the suit filed later in time i.e. suit No.233/2022 does not
deserve to be accepted. This Court finds no illegality and
perversity in the orders passed by the learned Courts below and,
therefore, the instant writ petition is dismissed being devoid of
any merit.
All pending applications stand disposed of.
(KULDEEP MATHUR),J
56-himanshu/-
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