[2026:RJ-JD:11381]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 11955/2012

1.Jairnelsingh s/o Shri Jeewansingh by caste Jat Majbi Sikh resident of chak 9 L.S.M, Tehsil anupgarh, District Ganganagar.

2. Raunok singh s/o shri Jeewansingh by caste Jat Majbi sikh resident of chak 9 L.S. M, Tehsil Anupgarh, District Ganganagar

3. Sukhmand singh s/o shri Jeewansingh by caste Jat Majbi sikh resident of chak 9 L.S.M, Tehsil anupgarh, District Ganganagar ----Petitioner Versus

1.State Of Rajasthan through, Board of Revenue ajmer, District Ajmer

2. Additional Divisional Commissioner Bikaner

3. Tehsildar ( 1&R) Anupgarh District Ganganagar.

4. Bhajan Kaur widow of Ramsingh by caste Mabji sikh resident of chak 9 L.S.M, Tehsil Anupgarh, District Ganganagar.

5. Sadhu singh s/o Ramsingh by caste Mabjisikh resident of chak

9. L.S.M, Tehsil Anupgarh, District Ganganagar ----Respondent For Petitioner(s) : Mr. Ratish Bhatnagar For Respondent(s) : Mr. D.S. Thind HON'BLE MR. JUSTICE SANJEET PUROHIT

Order

09/03/2026

1. The present writ petition has been filed challenging the order dated 29.05.2012 passed by learned Board of Revenue, Ajmer. By the said order, learned Board of Revenue dismissed the second appeal preferred by the petitioner and upheld the order dated 26.04.2010 passed by Additional Divisional Commissioner, Bikaner, whereby the matter was remanded to the Tehsildar, Anupgarh for passing a fresh order after recording the evidence of both parties.

2. After issuing notices in the present writ petition, this Court vide order dated 04.07.2016 directed the parties to maintain status quo with regard to land in question. Admittedly, this Court has not stayed the proceedings pending before the Tehsildar, Anupgarh after the remand order being passed by learned Court of Additional Divisional Commissioner, Bikaner.

3. Learned counsel for the respondent submits that after the said remand order, Tehsildar Anupgarh has already decided the proceedings vide judgment dated 31.10.2012. The petitioners have already challenged the said order dated 31.10.2012 by way of filing an appeal before the Court of Additional Divisional Commissioner, Bikaner and even the said appeal has been rejected vide order dated 11.06.2024.

4. Thus, learned counsel for the respondent submits that proceedings after the remand order has already been decided and even the appeal against the same has been dismissed, therefore, rendering the present writ petition as infructuous.

5. Learned counsel for the petitioner though objects the same. 6. This Court is of the opinion that the present writ petition has been pending since 2012. After the remand order dated 26.04.2010, this Court did not grant any stay on the proceedings. Subsequently, after recording the evidence of both parties, the Tehsildar, Anupgarh, has already adjudicated the matter. Furthermore, appeal filed against the said order has also been dismissed. In view of the above circumstances, nothing survives for adjudication in the present writ petition before this Court.

7. However, it will be open for the petitioner to take appropriate remedy against the order dated 26.04.2010 passed by the Additional Divisional Commissioner, Bikaner if petitioner wishes to do the same.

8. In view of the aforesaid, present writ petition is dismissed

9. Stay application and all pending applications, if any, hereby stand dismissed (SANJEET PUROHIT),J

168-yagya/-