Advocates:
['PC SHARMA', '', 'DR RS DEO RAJPUROHIT', 'IRFAN GOURI', 'RAJEEV PUROHIT', '', 'PC JAIN', 'OP BOOB', 'PANKAJ SHARMA']

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT

JODHPUR

S.B. Civil Writ Petition No. 2494/2015

Rajasthan Housing Board through Dy. Housing Commissioner &

Resident Engineer, Rajasthan Housing Board, Jodhpur

----Petitioner

Versus

1. Legal Representatives of deceased plaintiff Mani Ram

1/1. Ganesha Ram s/o Mani Ram (name deleted

1/2 Legal Representatives of deceased Roopa Devi

1/2/1 Smt. Radha Devi d/o Roopa Devi w/o Chhotuji resident of

Village Chokha Tehsil and District Jodhpur.

1/2/2 Smt. Bichhu Devi d/o Roopa Devi w/o Aaidan resident of

Village Chokha Tehsil and District Jodhpur.

1/2/3 Smt. Devi d/o Roopa Devi w/o Premji resident of Village

Chokha Tehsil and District Jodhpur.

1/2/4 Smt. Chukia Devi d/o Roopa Devi w/o Kishanji resident of

Village Chokha Tehsil and District Jodhpur.

1/2/5 Smt. Babu Devi d/o Roopa Devi w/o Ganga Ramji resident

of Village Golasani Tehsil and District Jodhpur.

(Names of respondent no. 1/2/1 to 1/2/5 substituted by)

1/2/1 Sohan Lal s/o Ganesh Ram

1/2/2 Sher Singh s/o Ganesh Ram

By caste Mali resident of Kheme ka Kua, Jodhpur.

1/3 Kishan Lal s/o Ganesh Ram

1/4 Babu Lal s/o Bhanwar Lal

1/5 chhotu Ram s/o Pokar Ram

All by caste Mali resident of Kheme ka kua, Tehsil and District

Jodhpur.

1/6 Moola Ram s/o Kishna Ram by caste Jat resident of Masuria

1/7 Panna Lal s/o Ratan Lal by caste Brahmin resident of Kheme

ka kua, Jodhpur.

2. Ganesh Ram s/o Mani Ram by caste Mali, resident of Khemeka

kua, Jodhpur

3. State of Rajasthan, through the Tehsildar, Jodhpur

----Respondents

Connected With

S.B. Civil Writ Petition No. 2476/2015

Rajasthan Housing Board through Dy, Housing Commissioner &

Resident Engineer, Rajasthan Housing Board, Jodhpur

(2 of 25)

[CW-2494/2015]

----Petitioner

Versus

1. Hema Ram son of Tulsi Ram by caste mali, resident of Kheme

ka Kua, Jodhpur.

2. State of Rajasthan, through the Tehsildar, Jodhpur

----Respondents

For Petitioner(s)

:

Mr. P.C. Sharma

For Respondent(s)

:

Mr. P.P. Choudhary, Sr. Advocate

Mr. J.L. Purohit, Sr. Advocate

Mr. Pankaj Sharma, AAG assisted by

Mr. Rishi Soni

Mr. Shashank Joshi

Mr. Lalit Kumar

Mr. Rajeev Purohit

Mr. D.S. Beniwal

HON'BLE MR. JUSTICE VINIT KUMAR MATHUR

Judgment

02/03/2022

Judgment pronounced on

:

11^th March, 2022

Judgment reserved on

:

02.03.2022

The present writ petitions are listed in the “Orders Category”

but with the consent of the learned counsel for the parties, these

petitions are heard for final disposal.

Both these writ petitions arise out of the judgment and

decree dated 02.12.2000 passed by the learned Assistant

Collector and Executive Magistrate (HQ), Jodhpur which were

allowed and decreed in favour of the plaintiffs-respondents. The

validity of this judgment and decree was assailed before the

Revenue Appellate Authority, Jodhpur. The Revenue Appellate

Authority, Jodhpur vide its judgment dated 23.09.2002 dismissed

the appeal preferred by the petitioner – Rajasthan Housing Board

which was further challenged by the petitioner before the Board of

(3 of 25)

[CW-2494/2015]

Revenue, Rajasthan, Ajmer but that second appeal too was

dismissed by the Board of Revenue, Rajasthan, Ajmer vide its

judgment dated 02.01.2014. Aggrieved of the three orders

passed by these courts, the present writ petitions have been

preferred.

Since the writ petitions arise out of the common judgments

passed by three courts below and the subject matter being

common, both these writ petitions are disposed of by this common

order.

For convenience, the facts are being extracted from SB Civil

Writ Petition No. 2476/2015 (Rajasthan Housing Board Vs. Hema

Ram & anr.)

Succinctly stated the facts of the case are that the dispute

relates to the land comprising of Khasra Nos. 134 and 135

measuring approximately 804 bighas and 3 biswas situated in

village Sunthla, and Khasra Nos.853/1/751, 846/751, 853/751

and 855/751 measuring 547 bighas 2 biswas of l