JUDGMENT :

1. These writ petitions under Article 226/227 of the Constitution of India have been preferred claiming the following reliefs:

S.B. Civil Writ Petition No. 3055/2023:

“It is, therefore, most humbly and respectfully prayed that your Lordship may kindly be pleased to allow this writ petition and by an appropriate writ, order or directions:-

(i) to quash and set aside the order dated 03.01.2023 (Annex.-8) passed by CJ&JM, Jayal passed in application Order 39 Rule 1 & 2.

(ii) to quash and set aside order dated 16.01.2023 (Annex.-9) passed by ADJ No.1, Nagaur in Appeal No.01/23.

(iii) Petitioners may kindly be permitted to construct the community hall as they are rightful and legal owner of land belonging to the Patta No.25/50 issued by Bugarada Gram Panchayat.

(iv) any other appropriate writ, order or direction, which this Hon’ble Court may deem fit and appropriate in favour of the petitioner may also kindly be passed in the interest of justice; and

(v) cost of litigation may kindly be ordered to be awarded in favour of petitioners.”

S.B. Civil Writ Petition No. 3037/2023:

“It is, therefore, most humbly and respectfully prayed that this writ petition may kindly be allowed and by an appropriate writ, order or direction:

(i) The impugned administrative sanction dated 23.03.2022 (Ann.5), technical sanction dated 28.03.2022 (Ann.6) and financial sanction dated 12.04.2022 (Ann.7) may kindly be declared arbitrary, unjust and same may kindly be quashed and set aside.

(ii) The respondent Gram Panchayat may kindly be restrained from raising construction over the land of the petitioners in pursuance of the administrative sanction dated 23.03.2022 (Ann.5), technical sanction dated 28.03.2022 (Ann.6) and financial sanction dated 12.04.2022 (Ann.7).

(iii) Any other appropriate writ, order or direction which this Hon’ble Court deems just and proper may kindly be passed in favour of the petitioners.”

2. In Writ petition No. 3055/2023, the respondents instituted a civil suit for permanent injunction and cancellation of the patta; alongwith therewith an application under Order 39 Rule 1 & 2 CPC against the petitioners was also filed, before the learned Civil Judge, Jayal, District Nagaur, stating therein that Patta No.10 Misal No.9/62 dated 09.01.1962 was issued to Late Tulcha Ram (great Grandfather of the respondent no.1).

2.1. It was further stated in the said suit that another patta no.25/50, as claimed to have been issued in favour of one Mahinudeen S/o Abdul Gani Lohar on 01.01.1969 by the Gram Panchayat, Bugarada Block, Jayal, District Nagaur, pertains to the same land in relation to which the aforementioned Patta No.10 was issued; it was thus stated in the suit that in the given factual matrix, the subsequent Patta No.25/50 so claimed to have been issued is a forged and fabricated document. It was also stated in the suit, that despite the said patta being a forged and fabricated document, Mahinudeen gifted the land of patta no. 25/50 to the Gram Panchayat for construction of a community hall.

2.2. It was also stated in the suit that the said patta, in fact, was not issued by the said Gram Panchayat, as the same was bearing forged signature of the Sarpanch; the same was done by the petitioners by creating false and fabricated documents; further, no official record was available in relation patta no.25/50 of the land in question. Thus, as per the pleadings of the suit, as a consequence of the patta in question being forged, the gift of the land made by Mahinudeen for construction of the community hall was also illegal.

2.3. The learned Court below vide the impugned order dated 03.01.2023 allowed the application under Order 39 Rule 1 & 2 CPC and passed the status quo order as it existed on that date regarding construction on the land in question. Being aggrieved thereby, the petitioners have preferred an appeal under Order 43 Rule 1 CPC before the learned Additional District Judge No.1, Nagaur, which was dismissed vide the impugned order dated 16.0