HIGH COURT OF RAJASTHAN (JODHPUR BENCH)
SANJEET PUROHIT
BANSHI RAM – Appellant
Versus
PEMA RAM – Respondent
CW / 10386 / 2025
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[2026:RJ-JD:6253]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 10386/2025
Banshi Ram S/o Shri Amara Ram, Aged About 65 Years, R/o
Paldi Kalan, Tehsil Degana, District Nagaur (Raj.).
----Petitioner
Versus
1. Pema Ram S/o Shri Chhagan Lal, R/o Bikharniya Khurd,
Tehsil Degana, District Nagaur (Raj.).
2. Jora Ram S/o Shri Parma Ram, R/o Paldi Kalan, Tehsil
Degana, District Nagaur (Raj.).
3. Bhika Ram S/o Shri Choutha Ram, R/o Paldi Kalan, Tehsil
Degana, District Nagaur (Raj.).
4. Rampyari D/o Shri Choutha Ram, R/o Paldi Kalan, Tehsil
Degana, District Nagaur (Raj.).
5. Munni D/o Choutha Ram, R/o Paldi Kalan, Tehsil Degana,
District Nagaur (Raj.).
6. Tehsildar, Degana, District Nagaur (Raj.).
----Respondents
For Petitioner(s) : Mr. Rohitash Singh Rathore
For Respondent(s) : -
HON'BLE MR. JUSTICE SANJEET PUROHIT
Order
03/02/2026
1. Present writ petition is filed praying for following reliefs:
“(i) The order dated 07/11/2024 (Annexure-7)
passed by the learned Sub-Divisional Officer,
Degana, District Nagaur, in revenue suit no.
102/2017 titled as Pema Ram versus Bhika Ram &
others by which application of the petitioner-
defendant was rejected, filed for restoring the
previous position of the land in the revenue record
which exist on the date of filing the revenue suit,
after removing/deleting the entries which were
recorded in compliance of the judgment & decree
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dated 30/07/2018 (Annexure-1), may kindly be
quashed and set aside.
(ii). The Learned court of SDO Degana may kindly be
directed to restore the previous position of the land
of kahasra no. 394 of the village Paldi Kalan, Tehsil
Degana, District Nagaur, in the revenue record which
exist on the date of filing the revenue suit, after
removing/deleting the entries which were recorded in
compliance of the judgment & decree dated
30/07/2018.
(ii). Pass any other order or direction, which this
Hon'ble court deems fit and proper in the facts and
circumstances of the case, in favour of the petitioner.
(iv). Allow cost of the writ petition to the
petitioners.”
2. Explaining facts of the present case, learned counsel for
petitioner stated that respondent no. 1/plaintiff - Pema Ram filed a
Revenue Suit No. 102/2017 for partition of land in dispute and
same was decreed by the Court of Assistant Collector – Sub
Divisional Officer (“SDO”), Degana vide judgment dated
30.07.2018 and specific directions were issued to Tehsildar,
Degana to incorporate necessary mutation entries in view of the
report prepared by concerned Patwari. In pursuance of the same,
revenue records were updated by Tehsildar, Degana.
2.1 Learned counsel for the petitioner stated that petitioner,
having purchased a part of land in dispute from one Jora Ram,
during the pendency of the said suit proceedings, vide registered
sale deed dated 14.03.2018, challenged judgment and decree
dated 30.07.2018 along with his vendor – Jora Ram before
Revenue Appellate Authority (“RRA”), Nagaur, whereby RRA,
Nagaur has, vide its judgment dated 21.01.2020, set aside order
dated 30.07.2018 and remanded the matter to the Court of SDO,
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Degana for fresh adjudication. Said order was later on upheld by
the Board of Revenue, Ajmer (“BOR”) also.
2.2 In these circumstances, petitioner preferred an application
before the Court of SDO, Degana praying for a direction to be
issued to Tehsildar, Degana to restore revenue entries to the
position as existed before the passing of judgment and decree
dated 30.07.2018.
2.3 Said application was contested on behalf of respondents on
the grounds that no specific direction was given to SDO, Degana
in the remand order for the alteration of the revenue record.
2.4 SDO, Degana, while considering the material available on
record, rejected application of petitioner vide its order dated
07.11.2
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