The absence of a decision on a stay application does not imply rejection; it remains pending for consideration.

ORDER :

Vinit Kumar Mathur, J. - Heard learned counsel for the petitioners.

2. The present writ petition has been filed against the order dated 10.03.2022 passed by the Sub-Divisional Officer, Phalodi and the order dated 21.03.2022 passed by the Revenue Appellate Authority, Jodhpur.

3. Briefly noted the facts in the present case are that the petitioners are in occupation of the land situated at Khasra No.705 & 702 of Tehsil Phalodi, New District Phalodi for last 35 years, although they are not holding any title or legal document which shows that they have been allotted the land by the respondents or they are in occupation and possession of the same under any legal document. When the petitioners were sought to be evicted, they filed a suit before the Sub-Divisional Officer, Phalodi. In the suit, an application for interim protection was also filed by the petitioners, however, the same was rejected vide order dated 10.03.2022.

4. Against the order dated 10.03.2022, the petitioners preferred an appeal before the Revenue Appellate Authority, Jodhpur. In the appeal, the Revenue Appellate Authority heard the learned counsel for the appellants on stay application and an order was passed on 21.03.2022 and thereafter, it was ordered that no order can be passed on the stay application without looking into the record of the learned trial court. As such, the record of the learned trial court was summoned. The appeal of the petitioners is still pending consideration. Against the order dated 21.03.2022, the present writ petition has been filed.

5. Learned counsel for the petitioners submits that a bare perusal of the order dated 21.03.2022 shows that despite the learned Revenue Appellate Authority considered the submissions made on the stay application, however, no order deciding the stay application has been passed, therefore, for all intents and purposes, it will be deemed that the learned Revenue Appellate Authority has rejected the application of the petitioners for interim relief. He, therefore, prays that the writ petition may be allowed and the respondents may be directed not to evict the petitioners from the subject piece of land.

6. I have considered the submissions made at the Bar and have gone through the relevant record of the case including the order dated 21.03.2022 passed by the Revenue Appellate Authority, Jodhpur.

7. For brevity, the order dated 21.03.2022 is reproduced as under:

^^i=koyh LFkxu izkFkZuk i= ij cgl gsrq is'k gqbZA vihykUV~l ds vf/koDrk mifLFkrA vihykUV~l ds vf/koDrk dh LFkxu izkFkZuk i= ij cgl lquh xbZA LFkxu izkFkZuk i= ij vkns'k ikfjr djus ls iwoZ v/khuLFk U;k;ky; ds vfHkys[k dk voyksdu djuk mfpr le>rs gSaA vr% v/khuLFk U;k;ky; dh i=koyh ryc dh tkosaA jsLiksMsUV~l ds lEeu tkjh dj i=koyh fnukad 13-04-2022 dks is'k gksA

,l-Mh-**

8. A perusal of the order dated 21.03.2022 clearly shows that the Revenue Appellate Authority heard the petitioners on stay application, however, no order has been passed deciding the stay application and the same has been kept pending while summoning the record of the trial court. Learned Revenue Appellate Authority decided to keep the appeal pending and not pass any order on the stay application filed by the petitioners till the record of the learned trial court is received. The order dated 21.03.2022 in no manner can be considered as rejection of the prayer of the petitioners for interim relief and the stay application of the petitioners is still pending consideration before the Revenue Appellate Authority along with the proceedings of the appeal. Therefore, in the humble opinion of this Court, the contention of the petitioners that since the interim order has not been granted by the Revenue Appellate Authority, therefore, the stay application has been rejected, is wholly baseless and unfounded.

9. In these circumstances, this Court is not inclined to interfere with the order dated 21.03.2022 passed by the Revenue Appellate Authority, Jodhpur. The writ petition lacks merit and the same is,