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2025 Supreme(Online)(RAJ) 7084
[2025:RJ-JD:17294]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 4654/2025 Jagdishlal, Son Of Ramsharandas (Dead) Through His Legal Representatives -
1/1. Sanjay Kumar S/o Jagdishlal, Aged About 51 Years, 1/2. Radheyshyam S/o Jagdishlal, Aged About 48 Years, 1/3. Sunitarani D/o Jagdishlal, Aged About 53 Years, 1/4. Pushparani W/o Jagdishlal, Aged About 74 Years, All Resident Of Chak 8, R.b. Tehsil - Padampur, District -
Shri Ganganagar.
----Petitioners Versus
1. Sunil Kumar S/o Nihalchand, Resident Of Shrinagar (48 -
Gg), Tehsil - Shrikaranpur, District - Shri Ganganagar.
2. Anil Kumar S/o Nihalchand, (Dead) Through His Legal Representatives -
2/1. Suman Chawla W/o Anil Kumar, 2/2. Shaiyna Chawla D/o Anil Kumar, 2/3. Gurprit Chawla D/o Anil Kumar, All Resident Of House No. - 6 - T - 31, Jawahar Nagar, Shri Ganganagar.
3. Labhlindra Kumar Alias Luvlindra Singh S/o Nihalchand, Resident Of Shrinagar (48 - Gg), Tehsil - Shrikaranpur, District - Shri Ganganagar, At Present Residing At 395-S-
2, Barkatnagar, Tonk Phatak, Laalkothi, Jaipur.
4. Sunita Alias Sunita Parnami D/o Nihalchand, Wife Of Pankaj Parnami, Resident Of Shrinagar (48 - Gg), Tehsil - Shrikaranpur, District - Shri Ganganagar, At Present Residing At 93/22, Tulsi Marg, Sector - 9, Mansarovar, Jaipur.
5. Anita Alias Anita Rani D/o Nihalchand, Wife Of Vijay Kumar, Resident Of Shrinagar (48 - Gg), Tehsil - Shrikaranpur, District - Shri Ganganagar, At Present Resident At Gully No. 4, Near Kartaar Hotel, Hardeep Colony, Shri Ganganagar.
6. State Of Rajasthan, Through Tehsildar (Revenue), Padampur, District - Shri Ganganagar.
----Respondents For Petitioner(s) : Mr. J.L. Purohit, Sr. Adv. with Mr. Rajeev Purohit For Respondent(s) : Mr. B.S. Sandhu Mr. Dishant Kiroriwal HON'BLE MR. JUSTICE VINIT KUMAR MATHUR
Order
03/04/2025 Heard learned counsel for the parties.
The present writ petition has been filed with the following prayers :-
“(i) The order dated 05.02.2025, passed by the learned Board of Revenue, Ajmer in Appeal Decree,T.A. No.723/2025, Shri Ganganagar, (Sanjay Kumar vs. Sunil Kumar), (Annex. 7), may kindly be modified to the extent that during the pendency of the Appeal Decre, T.A. No.723/2025, Shri Ganganagar, (Sanjay Kumar vs. Sunil Kumar) before the Learned Board of Revenue, Ajmer, the effect and operation of the order dated 23.01.2025 (Annex. 5) may kindly be stayed, and the respondents/defendants may kindly be directed to maintain status quo over the suit property, and not create any third-party rights over the suit property, and no interference with the possession of the petitioners over the suit property”.
However, learned counsel for the petitioners submits that the writ petition may be disposed of with a direction to the learned Board of Revenue, Ajmer to decide the pending appeal No.723/2025 within a period of six weeks and if that is not possible then at least the stay application pending in the appeal may be decided within a period of six weeks from today in accordance with law.
The submissions made by learned counsel for the petitioners is not objected to by the learned counsel for the respondents. In view of the submissions made before this Court, the writ petition is disposed of with a direction to the learned Board of Revenue, Ajmer to decide the pending appeal No.723/2025 filed by the petitioners within a period of six weeks from today and if that is not possible then at least the stay application filed in the appeal be decided within a period of six weeks from today in accordance with law.
It is further ordered that for a period six weeks from today, the respondents shall neither alienate nor create any third party rights with regard to the land in question .
The stay application and other pending applications, if any, also stand disposed of.
(VINIT KUMAR MATHUR),J
106-SanjayS/-
