[2025:RJ-JP:21135]

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Miscellaneous Appeal No. 612/2025

1. Gramvasi Brahmpuri Ki Dhaani, Village Gvaar Brahmnan, Through Representative Ramji Lal Sharma S/o Rameshwar Sharma, Aged About 46 Years, R/o Village Brahmnan, Brahmuri Ki Dhaani, Tehsil Sanganer, District Jaipur, Raj.

2. Sunil Sharma S/o Banwari Lal, Aged About 30 Years, Through Representative Of All Villagers Brahmpuri Ki Dhaani, R/o Gram Brahmnan, Brahmpuri Ki Dhani, Sanganer, District Jaipur. ----Applicants/ Appellants Versus

1. The Collector, District Jaipur Office At Colectorate Banipark, Jaipur No. 2, Rajasthan.

2. Additional Collector And Magistrate, (Second Sanganer, Jaipur).

3. Panchayat Samiti Sanganer, District Jaipur Through Development Officer.

4. Gram Panchayat, Village Kheri Gokulpuri, Tehsil Sanganer, Jaipur Through Sarpanch.

5. Station House Officer (Sho), Police Station Sanganer, Sadar, Jaipur.

6. Tehsildar, Tehsil Sanganer Office Sanganer, Jaipur, Raj.

7. Saroj Devi W/o Chetan Chouhan, R/o B-17, Madhuban Colony, Tonk Phatak, District Jaipur, Raj.

----Non-applicants/ Respondents For Appellant(s) : Mr. G.P. Sharma Mr. Mahesh Chand Gupta For Respondent(s) : Mr. Neeraj Batra, G.C. with Ms. Gunjan Chawla Mr. Ajeet Bhandari, Sr. Adv. with Mr. Jitendra Mishra Ms. Neetu Mathur for Ms. Suman Shekhawat, G.C.

HON'BLE MR. JUSTICE GANESH RAM MEENA

Judgment

Reserved on ::: May 19, 2025 Pronounced on ::: May 28, 2025

1. By filing the present miscellaneous appeal under Order 43 Rule 1(r) read with order 41 Rule 1 CPC, the applicant-appellants have prayed to quash and set aside the order dated 20.01.2025 passed by the court of learned Additional District Judge No.10, Jaipur Metropolitan-I (Headquarter Sanganer) (for short 'the court below') in temporary injunction application No.150/2024, titled as Gramvasi Brahmpuri Ki Dhaani & Anr. vs. The Collector & Ors., whereby, the learned court below dismissed the application for temporary injunction filed by the applicants/appellants under Order 39 Rules 1 & 2 CPC.

2. The facts borne out from the pleadings are that the applicants/appellants filed a civil suit along with an application for temporary injunction in the public representative capacity in which they prayed to declare public way existing upon Khasra No.661, 666, 664/1035, 667, 679, 683, 686, 685 & 82 existed for a period about 70-75 years as Public Way wherein Cement Concrete Road (CC Road) was laid by Gram Panchayat, Village Kheri Gokulpura with prior approval from concerned Panchayat Samiti Sanganer in the year 2016 and also to maintain status quo as regards the existence of aforesaid CC Road.

3. In the application for temporary injunction the applicants/appellants prayed to restrain the respondents from removing/damaging the CC Road and closer of the public way and also prayed not to create any hurdle/hindrance in the use of aforesaid public way for movement of the villagers in any manner till decision of the aforesaid civil suit.

4. After effecting service of notices, the non-

applicants/appellants filed written statements of denial.

5. The court below vide order dated 20.01.2025 dismissed the application for temporary injunction.

6. Before raising the arguments, counsel appearing for the applicants/appellants has drawn attention of the court to the Circular dated 17.09.2014 issued by the Rural Development and Panchayati Raj Department, Government of Rajasthan, Jaipur along with administrative sanction, which is taken on record.

7. Learned counsel appearing for the applicants/appellants submitted that impugned order passed by the court below is liable to be quashed and set aside being contrary to pleadings, documents and law. Counsel submitted that the learned court below failed to appreciate the averments of the plaint and the relief sought therein. Perusal of the plaint would go to reveal that the civil suit for declaration and injunction has been filed in the representative capacity praying therein to declare the di