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RAJENDRA PRAKASH SONI, ARUN BHANSALI
Arjun Singh, S/o. Inder Singh – Appellant
Versus
State Of Rajasthan, Through Secretary, Department Of Revenue – Respondent
Headnote: Read headnote
JUDGMENT :
1. This intra court appeal is directed against the order dated 17/5/2022 passed in SBCWP No. 6493/2022, wherein, learned Single Judge had ordered issuance of notice in the writ petition as well as stay petition and directed the parties to maintain status quo.
2. The respondent nos. 5 and 6, Rana Ram and Vishan Singh, filed SBCWP No.6493/2022 inter alia questioning the notice dated 11/2/2022 and 14/3/2022 issued by the Tehsildar (Revenue), Siwana District Barmer in case No. 53/2022 and 54/2022 under Section 91 of the Rajasthan Land Revenue Act, 1956 (‘the Act, 1956’).
3. When the writ petition came up before the learned Single Judge for admission on 17/5/2022, the following order was passed:
The right of a caveator to be heard before passing any order on an application for injunction, as provided in Section 148-A of the Civil Procedure Code-1948, must be respected.
The court upheld the validity of an interim order despite procedural claims regarding caveat linkage, emphasizing that the revision was filed prior to the caveat.
The court established that under Section 128 of the Urban Act, a personal hearing is not a statutory requirement for responding to a show cause notice.
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