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HIGH COURT OF RAJASTHAN (JODHPUR BENCH)
MR. JUSTICE VINIT KUMAR MATHUR, J
KESA – Appellant
Versus
STATE OF RAJASTHAN – Respondent
Order :
Heard learned counsel for the parties.
The present writ petition has been filed against the order dated 29.05.2024 passed by learned Board of Revenue, Ajmer, whereby, the review application preferred by the respondents has been allowed and the order passed by learned Board of Revenue dated 21.03.2024 has been stayed.
Learned counsel for the petitioners, instead of joining the issue on merit, submits that the petitioners will be satisfied, if the Assistant Collector, Sanchore is directed to decide the temporary injunction application of the respondents within a stipulated time.
In view of the submissions made before this Court, the present writ petition is disposed of and the order dated 02.11.2023 passed by learned Revenue Appellate Authority, the order dated 21.03.2024 passed by learned Board of Revenue, Ajmer and the order dated 29.05.2024 passed by learned Board of Revenue, Ajmer are quashed and set aside and the matter is remanded back to the Assistant Collector, Sanchore with a direction to decide pending temporary injunction application at the earliest preferably within a period of four weeks from the date of receipt of certified copy of this order strictly in accordance
The court emphasized the necessity for timely resolution of temporary injunction applications while maintaining the status quo regarding the land in question.
Injunctions require careful consideration of prima facie case, balance of convenience, and irreparable loss, which must be applied even in temporary orders.
The main legal point established in the judgment is the appealability of an order rejecting an application for temporary injunction under Section 146 of the Revenue Code, and its non-revisability und....
When a provision for an appeal is available, a revision petition before the Board would not be maintainable. Any interim order passed by a Civil Court is appealable.
The court emphasized the necessity for expeditious proceedings in long-pending cases and remanded the matter for a fresh hearing.
A revision petition against an ex-parte ad-interim stay order is not maintainable if an appeal is available under the relevant legal provisions.
A revision petition before the Board of Revenue is not maintainable when an appeal provision is available. An aggrieved party can either move the appellate court or approach the same court which pass....
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