The court highlighted the necessity of obtaining permission for land use change before construction on agricultural land, emphasizing adherence to statutory provisions.

JUDGMENT

1. This miscellaneous appeal is being preferred under Order 43 Rule 1 read with Section 151 CPC assailing the order dated 01.04.2021, whereby the Additional District Judge, Ratangarh, Churu declined to grant ad-interim injunction to the appellants, during the course of hearing of the application for temporary injunction.

2. Relevant facts of the case as culled out from the plaint are that the land of Khasra Nos.623, 639, 655, 848, 850, 851, 863 and 865 total measuring 82 bighas and 14 biswas at village Ratangarh are recorded in the name of Gaushala Kasba Ratangarh in the revenue record and few of lands are recorded in the name of Pinjarapole Gaushala Ratangarh Charity Society. These lands of Gaushala are being managed by the Ratangarh Charity Samiti, which is said to be a registered society having Registration No.25/11/27 since 1927. The officiating members of the society were elected on 14.08.2015 and the then Secretary of this society got registered another society in the name of "Ratangarh Pinjarapole Gaushala Samiti" before the Registrar under Rajasthan Societies Registration Act, 1958. The newly constituted society viz., Ratangarh Pinjarapole Gaushala Samiti, has transferred a piece of land measuring 6000 square mtrs. (100 X 60 mtrs.) out of the land of Khasra No.639 total measuring 9.99 hectares, which is recorded in the name of Gaushala Kasba Ratangarh. A lease-deed dated 03.04.2019 has been executed in favour of Municipal Board, Ratangarh. The Municipal Board, Ratangarh being lessee took this piece of land for the purpose of construction of Sewerage Treatment Plant (STP). The construction and establishment of STP was started and, at that juncture, the appellants woke up and instituted a civil suit for permanent injunction on 04.03.2021 for and on behalf of the public of Ratangarh alleging, inter alia, that the lease-deed is void ab-initio as the land recorded in the name of Gaushala cannot be transferred for any other purposes. Alongwith the suit an application for temporary injunction was also filed, which is yet pending and has not been decided finally.

3. Counsel for the appellants argued that it is not in dispute that the piece of land measuring 6000 square mtrs., which is part of Khasra No.639 measuring 9.99 hectare is recorded in the name of Gaushala Kasba Ratangarh in the revenue record of Jamabandi and the respondent No.3 society, viz., Ratangarh Pinjarapole Gaushala Samiti has transferred the said piece of land to respondents No.l & 2, Municipal Board, Ratangarh by way of lease-deed. This lease-deed is illegal and void ab-initio and stands in violation of the Rajasthan Land Revenue (Allotment of Land To Gaushalas) Rules, 1957 (hereinafter referred to 'as the Rules of 1957'). Sub-rule (4) and (5) of Rule 8 of the Rules of 1957 have been pressed in support of his contention.

4. The counsel for the appellants has argued that the piece of land is recorded in the name of Gaushala and it is reserved for the benefit of cattle, animals and birds for their enjoyment of natural environment and for their grazing purposes, therefore, transfer of a piece of land of Gaushala is against the interest of public and cattle/animals/birds.

5. It has also been argued that respondent No.3, Samiti, is not authorized to execute the lease-deed and transfer the said piece of land of Gaushala to respondents No.l & 2 for the STP purposes is without jurisdiction and void. The construction of STP by respondents No.l & 2 on the land of Gaushala would be against the interest of animals/cattle/birds, therefore, be stopped.

6. The counsel for the appellants has contended that the application for temporary injunction has not yet been decided finally and the reply from the respondents No.l, 2, 3(b) as also for respondent No.4 were not filed, yet the trial Court committed jurisdiction error in not passing the ad-interim injunction to stay the on-going construction/establishment of STP on the piece of land of Gaushala. Therefore, the impugned o