Tarachand v. State of Rajasthan
Case brief
What is this about?
Petitioners sought directions to prevent dispossession from land despite a pending revenue suit and temporary injunction application. The High Court held that interim remedies belong to the concerned court and dismissed the writ petition.
What the court decided
A compact analysis
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Civil Writ Petition No. 10592/2021
- Tarachand S/o Multanaram, Aged About 39 Years, By Caste Mali, Resident Of Village Mohangarh, Tehsil And District Jaisalmer, Rajasthan.
- Moolaram S/o Ramuram, Aged About 41 Years, By Caste Mali, Resident Of Village Mohangarh, Tehsil And District Jaisalmer, Rajasthan.
- Harjiram S/o Narayanram, Aged About 50 Years, By Caste Mali, Resident Of Village Mohangarh, Tehsil And District Jaisalmer, Rajasthan.
- Babulal S/o Kishnaram, Aged About 56 Years, By Caste Mali, Resident Of Village Mohangarh, Tehsil And District Jaisalmer, Rajasthan.
- Arjunram S/o Bhanwarooram, Aged About 33 Years, By Caste Mali, Resident Of Village Mohangarh, Tehsil And District Jaisalmer, Rajasthan.
----Petitioners
Versus
- State Of Rajasthan, Through Commissioner, Colonization, Bikaner.
- The Deputy Commissioner, Colonization, Ignp, Mohangarh-1, Jaisalmer.
Issues for consideration
3 issues framed by the court
Whether a direction to prevent dispossession from land can be issued when the civil suit and temporary injunction application are pending before the competent authority.
Whether such interim relief falls within the scope of powers under Articles 226 and 227 of the Constitution of India.
Whether this is an appropriate case for approaching the High Court in a writ petition regarding a pending revenue suit.
Parties & counsel
- petitioner
Tarachand S/o Multanaram and others
- respondent
State Of Rajasthan
Coram
VIJAY BISHNOI
Case details
As recorded by the court registry
- Court
- Rajasthan HC
- Decided on
- · August
- Registered
- Case no.
- CW/10592/2021
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