HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Misc(Pet.) No. 602/2026 Parvati Devi Alias Bhoori Devi W/o Late Devilal, Aged About 65 Years, R/o Pachpadra Police Station Pachpadra Tehsil Pachpadra District Barmer.

----Petitioner Versus

1. State of Rajasthan, through PP

2. Mahendra Singh S/o Veersingh, R/o Hathma Police Station Ramsar District Barmer Presently Resident Of Pachpadra District Barmer

3. Sho, Police Station Pachpadra District Barmer ----Respondents For Petitioner(s) : Mr. Chirag Kalani For Respondent(s) : Mr. Vikram Singh Rajpurohit, PP Mr. Pritam Joshi HON'BLE MR. JUSTICE BALJINDER SINGH SANDHU

Order

11/02/2026 The present misc. petition under Section 582 BNSS has been filed against the order dated 09.12.2025 passed by learned Additional District & Sessions Judge, Balotra in Criminal Revision No.01/2022 whereby the learned court affirmed the order dated 22.07.2022 passed by learned Sub-Divisional Magistrate, Balotra under Section 145, 146 (1) Cr.P.C. directing attachment of the disputed proper and appointing Police Station Pachpadra as receiver.

Counsel for the petitioner submits that on 22.07.2022, the order of receiver over the land in question was passed by learned Sub Divisional Magistrate, Balotra under Section 145, 146(1)

Cr.P.C. He submits that aggrieved against the said order, a revision petition (No.01/2022) was preferred which was dismissed on 12.06.2024 being non-maintainable. The petitioner challenged the said order by way of misc. petition (No.5257/2024) before the Hon’ble Court. Vide order dated 07.08.2024, the misc. petition was allowed and the order dated 12.06.2024 passed by the learned Sessions Court was quashed and the revision petition was remanded back for fresh adjudication on merits. He submits that during pendency of the petition, the petitioner was in possession and same has also been recorded in order dated 07.08.2024. He submits that now by order dated 09.12.2025, the revision petition has been rejected upholding the order dated 22.07.2022. The order of attachment was passed in the year 2022 and now in pursuance of the order dated 09.12.2025, the possession from the petitioner is being taken back from the petitioner. The petitioner is in possession in all these three years and hence, now after a period of three years, the status cannot be changed and moreover status does not deserve to be changed as civil litigation which was pending before the Additional Collector has been decided and thereafter writ petition (SBCWP No.10398/2024) is pending consideration before this Hon’ble Court. He further submits that by order dated 05.07.2024, the effect and operation of the order dated 11.06.2024 passed by Collector, Balotra has been stayed. He further submits that main proceedings under Section 145 CrPC are pending and have not yet finally decided. He therefore, submits that status quo order may be passed.

Counsel for the respondent opposes the prayer made by counsel for the petitioner. He submits that there is disputed over the property and it might result in breach of peace.

This court has considered the submissions advanced by counsel for both the parties.

The order of appointment of receiver was passed in the year

2022. Now, the revision petition has been dismissed on 09.12.2025 upholding the order dated 22.07.2022. By order dated 05.07.2024 passed in S.B. Civil Writ Petition No.10398/2024, interim order has also been passed staying the effect and operation of the order dated 11.06.2024 passed by Collector, Balotra. Hence, now after three years, the order dated 22.07.2022 cannot be implemented as the proceedings under Section 145 CrPC are still pending before the concerned court.

Matter requires consideration.

Issued notice to the respondent No.2.

Mr. Pritam Joshi, accepts notice on behalf of respondent no.2. He seeks time to file reply.

Meanwhile, both parties are directed to maintain status quo as it exists today, regarding the land in question. The position will not be disturbed in view