HIGH COURT OF JUDICATURE FOR RAJASTHAN AT

JODHPUR

S.B. Civil Writ Petition No. 4340/2022

1.

Urja Ram S/o Sh. Gordhan Ram, Aged About 70 Years,

B/c Jat R/o Village Tajnagar, Gagadi, Tehsil Osiyan, District

Jodhpur (Raj.).

2.

Likhma Ram S/o Sh. Gordhan Ram, Aged About 71 Years,

B/c Jat R/o Village Tajnagar, Gagadi, Tehsil Osiyan, District

Jodhpur (Raj.).

3.

Jetha Ram S/o Gordhan Ram, Aged About 61 Years, B/c

Jat R/o Village Tajnagar, Gagadi, Tehsil Osiyan, District

Jodhpur (Raj.).

4.

Sona Ram S/o Sh. Khiya Ram, Aged About 60 Years, B/c

Jat R/o Village Tajnagar, Gagadi, Tehsil Osiyan, District

Jodhpur (Raj.).

5.

Deepa Ram S/o Sh. Khiya Ram, Aged About 56 Years, B/c

Jat R/o Village Tajnagar, Gagadi, Tehsil Osiyan, District

Jodhpur (Raj.).

----Petitioners

Versus

1.

State Of Rajasthan, Through The Secretary, Public Work

Department, Government Of Rajasthan, Secretariat Jaipur

(Raj.).

2.

Superintendent Engineer, Public Work Department,

Jodhpur (Raj.).

3.

Dhayal Construction Company Jodhpur, Through

Contractor Sh. Naina Ram S/o Sh. Teja Ram, Camp Jelu

Gagadi At Present R/o Jairoop Nagar, Benan, Tehsil Pipar

City, District Jodhpur (Raj.).

4.

Tehsildar, Tehsil Tinwari, District Jodhpur (Raj.).

----Respondents

For Petitioner(s)

:

Mr. MS Shekhawat

HON'BLE MR. JUSTICE VIJAY BISHNOI

Order

22/03/2022

This writ petition is filed by the petitioners being aggrieved

with the order dated 14.03.2022 passed by the District Judge,

Jodhpur District (hereinafter to be referred as ‘the appellate

(2 of 3)

[CW-4340/2022]

court’), whereby, the appeal preferred by the petitioners under

Order 43 Rule 1 read with Section 151 CPC has been dismissed.

The said appeal is preferred by the petitioners being

aggrieved with the order dated 17.02.2022 passed by the Civil

Judge, Osian, District Jodhpur (herein after to be referred as ‘the

trial court’), whereby the application filed by the petitioners under

order 39, Rules 1 and 2 read with 151 CPC was dismissed.

The brief facts of the case are that the petitioners filed a suit

for permanent injunction alleging that their Khatedari land is

falling in Khasra Nos.370/1, 358/1 and 370/2 of Village Taj Nagar,

Patwar Circle Jelu Gagadi, Tehsil Tinwari, District Jodhpur and the

respondent No.2 – PWD is bent upon to construct a road on their

agricultural land. It is also alleged that the petitioners requested

the Revenue Authorities to measure their land and for that

purpose, they moved several applications but on one or other

excuse, the respondent - PWD and the Revenue Authorities did

not conduct the measurement proceedings and without conducting

the same, they bent upon to construct the road on the agriculture

field of the petitioners.

Along with the said suit, the petitioners preferred an

application, wherein initially, the trial court granted interim stay

but finally, vide order dated 17.02.2022 rejected the TI application

while observing that the petitioners have failed to prove prima

facie case in their favour and no injunction can be granted which

leads to delay the progress of completion of any infrastructure

project.

The trial court has also taken into consideration the

provisions of Sections 20 A and 41 (ha) of the Specific Relief Act,

(3 of 3)

[CW-4340/2022]

1963 (hereinafter to be referred as ‘the Act of 1963’) refused to

grant TI in favour of the petitioners.

Being aggrieved with the same, the petitioners have

preferred an appeal under Order 43 Rule 1 read with Section 151

CPC before the appellate court, however, the appellate court has

also dismissed the appeal filed by the petitioners vide order dated

14.03.2021 while observing that the relief as prayed for by the

petitioners by way of injunction application is in relation to the

agricultural land and the trial court has no jurisdiction to entertain

any suit in relation to agricultural land.

The appellate court has also taken into consideration the

prov