Petitioner sought writ to maintain status quo on agricultural land pending Board of Revenue's decision on a stay application. High Court found the Board seized of the matter and directed it to decide the stay application within two months.
Directed the Board of Revenue, Ajmer to decide the petitioner's stay application within two months.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Civil Writ Petition No. 12902/2021
Abdul Rajjak S/o Shri Chene Khan, Aged About 29 Years, By Caste Musalman, R/o Panche Ka Tala, Tehsil- Pokaran, District Jaisalmer.
----Petitioner
Versus
----Respondents
| For Petitioner(s) | : Mr. Leela Dhar Khatri |
|---|---|
| For Respondent(s) | : Mr. DK Joshi |
HON'BLE MR. JUSTICE VINIT KUMAR MATHUR
Order
11/10/2022
Heard learned counsel for the petitioner.
The present writ petition has been filed with the following
prayers:-
"(i) That the Board of Revenue may be directed to decide the appeal as well as stay application of the petitioner at earliest and,
(ii) That the Respondents may be directed to not to dispossess the Petitioner or change in record in respect of land in question i.e. land situated in village Panche Ka Tala Chak No. 4 KRSM Murrabba No. 100/27, 100/35, 100/34, 100/22 of Colonization Tehsil Nachna No. 2, District Jaisalmer until the decision of Appeal Decree No. 2279/2021/DISTRICT-JAISALMER Bby Board of Revenue, Ajmer."
(2 of 3)
[CW-12902/2021]
Learned counsel for the petitioner submits that petitioner was in possession of land situated in Village Panche Ka Tala of Colonization, Tehsil Nachna No. 2, District Jaisalmer and, therefore, he preferred a suit for declaration of the Khatedari rights before the Assistant Collector and Deputy Commissioner Colonization, (IGNP) Nachna. The said suit was decreed in his favour vide order dated 03.05.2016. The State Government preferred an appeal against this order dated 03.05.2016 before the Revenue Appellate Authority and the Revenue Appellate Authority vide its judgment dated 17.03.2021 allowed the appeal of the State Government. Against this order dated 17.03.2021, the petitioner preferred a second appeal before the Board of Revenue, Ajmer is pending consideration. The Board of Revenue, Ajmer has admitted the appeal and record has been called. The stay application is also pending consideration before the Board of Revenue, Ajmer.
Learned counsel for the petitioner submits that since the Board of Revenue, Ajmer has not granted the interim order, there is possibility of the petitioner being dispossessed from the subject piece of land. He, therefore, prays that till the stay application of the petitioner is decided by the Board of Revenue, Ajmer, an order maintaining status quo with respect to the possession of the subject piece of land be passed.
Per contra, learned counsel for the respondent submits that Board of Revenue, Ajmer is ceased with the matter and there is a categoric finding recorded by the Revenue Appellate Authority against the petitioner, thus, no interference is warranted by this Court.
(3 of 3)
[CW-12902/2021]
Considering the submission made at the Bar, this Court is prima facie of the view that since the Board of Revenue, Ajmer is ceased with the matter and the stay application of the petitioner is still pending consideration, in these circumstances, the present writ petition is disposed of with a direction to the Board of Revenue, Ajmer to decide the stay application of the petitioner at the earliest preferably within a period of two months from the date of receipt of the certified copy of this order.
(VINIT KUMAR MATHUR),J
253-KashishS/-
3 issues framed by the court
Whether the High Court should intervene to maintain status quo when the Board of Revenue is seized of the stay application.
Whether the Board of Revenue, Ajmer should be directed to decide the petitioner's pending stay application.
Whether the petitioner is liable to be dispossessed before the appeal is decided.
Abdul Rajjak
State Of Rajasthan
Board Of Revenue, Ajmer
Deputy Commissioner Colonization, Nachna
Tehsildar - Colonization, Tehsil Nachna No. 2
Vinit Kumar Mathur
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
