Appeal by original respondent against Single Judge's order refusing to vacate interim relief restraining transfer of disputed land. High Court found vacating order would render writ petition infructuous and dismissed appeal.
Appeal dismissed; interim order restraining respondent from alienating land remains in force.
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
D.B. Spl. Appl. Writ No. 570/2021
Gurcharan Singh @ Baba S/o Natthu Singh, Aged About 77 Years, By Caste Majhabi, R/o 2Jda, Tehsil Ghadsana, District Sriganganagar.
----Appellant
Versus
(2 of 3)
[SAW-570/2021]
----Respondents
For Appellant(s) : Mr. J.L. Purohit, Sr. Adv. With Mr. Shashank Ojha. For Respondent(s) : ---
HON'BLE THE CHIEF JUSTICE MR. AKIL KURESHI HON'BLE MR. JUSTICE SANDEEP MEHTA
Order
25/10/2021
This appeal has been filed by the original respondent challenging the order passed by the learned Single Judge on 06.07.2021 refusing to vacate the interim relief earlier granted under order dated 22.07.2019.
Having heard learned counsel for the appellant and having perused the documents on record. What we find is that by admitting the petition on 22.07.2019, the learned Single Judge had passed the following order:-
“Meanwhile, the respondents shall not transfer, alienate or otherwise create third party rights qua the disputed land”
(3 of 3)
[SAW-570/2021]
When the appellant approached the learned Single Judge and requested for vacating this interim order, the impugned order dated 06.07.2021 came to be passed, in which the learned Single Judge recorded that since the petition is admitted, there is no case for vacating the interim order.
The record would show that there are long standing disputes about the possession and ownership of the land which is a subject matter of the writ petition. Under the circumstances, when the petition was admitted and the learned Single Judge thought it appropriate to restrain the respondent (i.e. present appellant) from transferring, alienating or otherwise creating third party rights qua the disputed land, we do not find that such order was, in any case, required to be vacated. Vacating the interim relief would virtually render the writ petition infructuous.
For the result, the appeal is dismissed.
(SANDEEP MEHTA),J
(AKIL KURESHI),CJ
13-jayesh/-
1 issue framed by the court
Whether the interim order restraining transfer or alienation of disputed land passed by the High Court should be vacated by the learned Single Judge.
Gurcharan Singh @ Baba
State Of Rajasthan
Board Of Revenue For Rajasthan
Lrs Of Gurdeo Singh
Shabdprakash
Krishnalal
Akil Kureshi
Sandeep Mehta
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
