HIGH COURT OF JUDICATURE FOR RAJASTHAN AT

JODHPUR

S.B. Civil Writ Petition No. 7035/2022

Veeraram S/o Joitaram, Aged About 24 Years, By Caste Rebari,

R/o Village Somta, Tehsil Bhinmal, Distt. Jalore At Present

Chandna, Tehsil Bhinmal, Distt. Jalore (Rajasthan).

----Petitioner

Versus

1.

Pratap Khan S/o Babu Khan, By Caste Kotwal Muslims,

R/o Village Noon, Tehsil And Dist. Jalore (Rajasthan).

2.

Jabar Khan S/o Babu Khan, By Caste Kotwal Muslims, R/o

Village Noon, Tehsil And Dist. Jalore (Rajasthan).

3.

Naseer Khan S/o Babu Khan, By Caste Kotwal Muslims,

R/o Village Noon, Tehsil And Dist. Jalore (Rajasthan).

4.

Madan Khan S/o Babu Khan, By Caste Kotwal Muslims,

R/o Village Noon, Tehsil And Dist. Jalore (Rajasthan).

5.

Sumer Singh S/o Hem Singh, By Caste Rajput, R/o Village

Noon, Tehsil And Dist. Jalore (Rajasthan).

6.

Bhabhut Singh S/o Hem Singh, By Caste Rajput, R/o

Village Noon, Tehsil And Dist. Jalore (Rajasthan).

7.

Varad Singh S/o Jog Ji, By Caste Rajput, R/o Village

Noon, Tehsil And Dist. Jalore (Rajasthan).

8.

Gopal Singh S/o Jog Ji, By Caste Rajput, R/o Village

Noon, Tehsil And Dist. Jalore (Rajasthan).

9.

State Of Rajasthan, Through Tehsildar, Jalore.

----Respondents

For Petitioner(s)

:

Mr. Devkinandan Vyas

HON'BLE MR. JUSTICE VIJAY BISHNOI

Order

21/09/2022

This writ petition is filed by the petitioner being aggrieved

with the order dated 31.03.2022 passed by the Board of Revenue,

Ajmer (for short ‘the BoR’), whereby the Revision Petition

No.2396/2018 filed on behalf of the petitioner has been dismissed.

By way of the above-referred revision petition, the petitioner

has challenged the order dated 20.03.2018 passed by the

Revenue Appellate Authority, Pali (for short ‘the RAA’), whereby

the application filed by the petitioner in the appeal for granting

(2 of 3)

[CW-7035/2022]

interim stay has been rejected. The said appeal was filed by the

petitioner being aggrieved with the order dated 22.01.2018

passed by the Sub Divisional Officer, Jalore (for short ‘the SDO’),

whereby the application filed by the petitioner under Section 212

of Rajasthan Tenancy Act, 1955 (for short ‘the Act of 1955’) has

been dismissed.

Brief facts of the case are that the petitioner has filed a suit

for declaration, permanent injunction and eviction under Section

88, 183 and 188 of the Act of 1955 claiming that the disputed

land was recorded in the name of his grandfather, however, in the

year 1979, the Tehsildar has illegally recorded the land in question

in the name of the State without there being any order. It is

claimed that later on, the State has allotted the said land to the

private respondents. The petitioner has claimed before the SDO

that a declaration may be issued to the effect that the petitioner is

the khatedar of the land in question and a decree of eviction be

passed while evicting the private respondents from the land in

question.

Alongwith the said suit, the petitioner has filed an application

under Section 212 of the Act of 1955 with a prayer for granting

temporary injunction, however, the SDO vide order dated

22.01.2018 has rejected the said application while observing that

the land was allotted in the name of the private respondents in the

year 2002 and, thereafter, the same was also converted for

residential purposes and some construction work is going on. It is

observed by the SDO that since the petitioner is not the khatedar

of the land in question, no case for grant of temporary injunction

is made out.

(3 of 3)

[CW-7035/2022]

Being aggrieved with the order dated 22.01.2018 passed by

the SDO, the petitioner has preferred an appeal before the RAA

and in that appeal, he has moved an application for grant of

interim injunction, however, the RAA has rejected the said

application seeking interim injunction while observing that the

disputed land is recorded in the name of the private respondents

and, the