[Cites 3, Cited by 0]
Rajasthan High Court - Jodhpur
Ranchhod vs Ranchhod (2026:Rj-Jd:1427-Db) on 12 January, 2026
Author: Vinit Kumar Mathur
Bench: Vinit Kumar Mathur
[2026:RJ-JD:1427-DB]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
D.B. Spl. Appl. Writ No. 277/2024
1. Ranchhod S/o Late Shri Motiya Bhoi, Aged About 45
Years.
2. Laxman S/o Late Shri Motiya Bhoi, Aged About 40 Years.
3. Smt. Amrit W/o Late Shri Motiya Bhoi, Aged About 90
Years.
All are R/o Ganoda, Tehsil Ganoda, District Banswara
(Raj.).
----Appellants
Versus
1. Ranchhod S/o Shri Nathu.
2. Nanu S/o Shri Rupa Bhoi.
3. Lala S/o Late Shri Rupa Bhoi.
4. Ganesh S/o Late Shri Rupa Bhoi.
5. Sushri Asha D/o Late Shri Rupa Bhoi.
6. Smt. Kamla W/o Late Shri Rupa Bhoi.
All above are R/o Ganoda, Tehsil Ganoda, District
Banswara (Raj.).
7. State Of Rajasthan, Through Tehsildar Ganoda, District
Banswara (Raj.).
----Respondents
For Appellant(s) : Mr. Pawan Singh Rathore.
For Respondent(s) : Ms. Aditi Sharma &
Ms. Kanchan Jodha for
Mr. N. S. Rajpurohit, AAG for R-7.
HON'BLE MR. JUSTICE VINIT KUMAR MATHUR
HON'BLE MR. JUSTICE CHANDRA SHEKHAR SHARMA
Order
12/01/2026
1. Despite service, nobody has appeared on behalf of the
private respondents.
2. Heard learned counsel for the parties.
3. The present appeal has been filed against the order dated
29.01.2024 passed by the learned Single Judge in S.B. Civil Writ
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[2026:RJ-JD:1427-DB] (2 of 4) [SAW-277/2024]
Petition No.3185/2023, whereby, the writ petition filed by the
appellant-petitioner has been dismissed.
4. Briefly noted the facts in the present appeal are that a suit
was filed by the private respondent Nos. 1 to 6 under Sections 53
& 188 of the Rajasthan Tenancy Act, 1955 before the Sub
Divisional Officer, Ghatol, District Banswara. The suit was decreed
in favour of the plaintiffs/respondents by SDO Ghatol, District
Banswara vide preliminary decree dated 14.09.2021 and
thereafter final decree dated 14.12.2021 was also passed on the
basis of compromise entered into between the parties. The
judgment and decree dated 14.09.2021/14.12.2021 was assailed
by the appellants by way of filing an appeal before the Land
Records Officer-cum-Revenue Appellate Authority, Udaipur,
however, the same was dismissed vide order dated 30.11.2022.
Against the order dated 30.11.2022, the appellants preferred the
second appeal along with an application under Section 151 of CPC
before the learned Board of Revenue, Ajmer. Learned Board of
Revenue rejected the said application vide order dated
16.01.2023. Thereafter, the respondent issued a show cause
notice on 14.02.2023 for removal of the encroachments made by
the appellants. Hence, the writ petition was filed before learned
Single Bench of this Court. The writ petition was dismissed by the
learned Single Judge vide order dated 29.01.2024. Aggrieved by
the order dated 29.01.2024, the present Special Appeal (writ) has
been filed.
5. In the present appeal the Co-ordinate Bench of this Court
vide order dated 18.03.2024 while issuing notices has passed an
order of status quo with respect to demolition and dispossession
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of the appellants' property in question. The interim order passed
on 18.03.2024 is still in currency.
6. Learned counsel for the parties are in agreement that the
interim order passed by this Court may be directed to be
confirmed and the learned Board of Revenue, Ajmer may be
directed to decide the pending appeal within a specific time frame.
7. We have considered the submissions made at the Bar and
gone through the relevant record of the case including the orders
impugned herein.
8. The undisputed facts in the present appeal show that against
the order of the Appellate Authority dated 30.11.2022, a second
appeal was filed before the learned Board of Revenue, Ajmer, in
which, the stay application under Section 151 of CPC filed by the
appellants was dismissed, however, the appeal is still pending
consideration before the learned Board of Revenue. The writ
petition filed by the petitioners (appellant herein) has been
dismissed, against which, the present appeal has been filed and in
the present appeal, an interim order has been passed by the Co-
ordinate Bench of this Court vide order dated 18.03.2024. The
interim order has continued for almost two years and, therefore,
we are of the view that the ends of justice will be met, if the
learned Board of Revenue is directed to decide the pending appeal
expeditiously and till the appeal is decided, the interim order
passed by the Coordinate Bench of this Court shall continue.
9. In view of the discussion made above, the present Special
Appeal (Writ) is disposed of with a direction to the learned Board
of Revenue, Ajmer to decide the pending appeal of the appellants
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within a period of six months from the date of receipt of the
certified copy of this order.
10. It is further ordered that for a period of six months, the
interim order dated 18.03.2024 passed by the Coordinate Bench
of this Court shall remain in currency.
(CHANDRA SHEKHAR SHARMA),J (VINIT KUMAR MATHUR),J
23-Shahenshah/SunilS/-
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