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2022 Supreme(Raj) 2662

ARUN BHANSALI
Jagjeet Singh – Appellant
Versus
State of Rajasthan – Respondent


Advocates Appeared:
Mr. Trilok Joshi, Advocate, for the Appellant; Dr. R.D.S.S.Kharlia, Advocate and Mr. Kinjal Purohit, Advocate, for the Respondent.

ORDER

1. This writ petition has been filed by the petitioners aggrieved against the order dated 27/4/2022 (Annex.P/8) passed by the Board of Revenue and order dated 26/10/2021 (Annex.P/6) passed by the SDO cum Assistant Collector, Hanumangarh, whereby, ad interim injunction has been granted by the SDO and the revision petition filed by the petitioners has been rejected by the Board of Revenue.

2. One Major Singh and Kour Singh s/o Banta Singh filed a suit for partition and perpetual injunction before S.D.O., Hanumangarh inter alia against Baldev Singh & Others. Along with the said suit, an application under Section 212 of the Rajasthan Tenancy Act, 1955 (’the Act, 1955’) seeking temporary injunction was also filed.

3. Written statement was filed by defendants Baldev Singh and Sohan Singh s/o Baldev Singh along with a counter claim.

4. S.D.O. vide its order dated 2/9/2021 (Annex.3) decided the application under Section 212 of the Act, 1955 and ordered for demolition of the house, for opening of the way and restrained the parties from interfering in the use of way till the pendency of the suit.

5. On 25/10/2021 an application was filed by respondent Baldev Singh purportedly under Section

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