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HIGH COURT OF RAJASTHAN (JODHPUR BENCH)
MS. JUSTICE REKHA BORANA, J
S.A.S. R.K. Marble Udhyog – Appellant
Versus
Shree Pustimargiya Tritiya Peeth-Pranyas Shri Dwarkadhees Mandir – Respondent
ORDER :
REKHA BORANA, J.
1. The present four revision petitions arise out of the same cause of action and hence, were heard together and are being decided by this common order.
2. The revision petitions have been preferred against the order dated 06.07.2023 passed by the Civil Judge, Rajsamand in Civil Original Suit Nos.42/2023, 43/2023, 44/2023 & 45/2023 respectively whereby the applications under Order VII Rule 11 r.w. Section 9, CPC r.w. Section 207 of the Rajasthan Tenancy Act, 1955 (for short ‘the Act of 1955’) as filed on behalf of defendant No.1 have been rejected and the suits in question have been held to be maintainable before a Civil Court.
3. The facts are that four suits for permanent injunction were filed by the plaintiff Shree Pustimargiya Tritiya Peeth-Pranyas, Shri Dwarkadhees Mandir, Shri Dwarkadhees Mandir, Kankroli with a prayer to restrain defendant No.1 from conducting mining operation on the respective lands in question without the consent of the plaintiff and further to restrain defendants No.2 & 3 from issuing any permission/sanction or rawanna to defendant No.1 for mining on the said lands.
4. Applications under Order VII Rule 11, CPC read with Section 207 of t
The definition of 'land' under the Rajasthan Tenancy Act excludes mining operations from being classified as agricultural land, affecting the jurisdiction of Civil Courts.
Suits concerning unconverted agricultural land are exclusively under the jurisdiction of revenue courts, as established by Section 207 of the Rajasthan Tenancy Act, 1955.
Civil courts lack jurisdiction over suits involving agricultural land, which must be adjudicated by revenue courts as per Section 207 of the Rajasthan Tenancy Act, 1955.
Civil Courts lack jurisdiction over agricultural disputes already pending in Revenue Courts, affirming the exclusivity of jurisdiction in such matters.
Civil courts lack jurisdiction over agricultural land disputes when a revenue suit is pending, and merits cannot be evaluated at the application stage under Order VII Rule 11 CPC.
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