Special appeal writ filed by appellant against the High Court order dated 22.01.2021 which dismissed a writ petition arising from the appointment of a Receiver. The special appeal was dismissed with no interference.
Special appeal writ dismissed; stay application dismissed.
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[2023:RJ-JD:30931-DB]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
D.B. Special Appeal Writ No. 113/2021
Pokar Ram S/o Shri Bhera Ram, Aged About 55 Years, Resident of Guda Prithviraj, Tehsil Desuri, District Pali.
----Appellant
Versus
----Respondents
For Appellant(s) : Mr. Bharat Shrimali
HON'BLE MR. JUSTICE VIJAY BISHNOI HON'BLE MR. JUSTICE YOGENDRA KUMAR PUROHIT
Judgment
20/09/2023
1. This special appeal writ has been filed by the appellant being aggrieved with the order dated 22.01.2021 passed by the learned Single Judge of this Court in S.B. Civil Writ Petition No.10120/2020 [Pokar Ram Vs. Doli Banam Mandir Shri Mahadevji (JAIKALNATH) & Ors.] .
2. Learned Single Judge has observed that the appellant is aggrieved by the order of the appointment of Receiver by the SDM concerned, which later on, came to be affirmed by the Revenue Appellate Authority as well as the Board of Revenue. It is also observed by the learned Single Judge that after appointment of the Receiver, the main suit filed on behalf of the
[SAW-113/2021]
[2023:RJ-JD:30931-DB]
(2 of 2)
plaintiff/respondent No.1 came to be dismissed by the SDM concerned, the said dismissal has also been affirmed by the Revenue Appellate Authority and the second appeal filed by the plaintiff/respondent No.1 is pending consideration before the Board of Revenue, no further order is required to be passed in the writ petition filed by the appellant.
3. Having heard learned counsel for the appellant and after perusing the material available on record, we don’t find any illegality in the view expressed by the learned Single Judge vide impugned order, hence, no interference is called for.
4. Accordingly, this special appeal writ is dismissed.
5. Stay application also stands dismissed.
(YOGENDRA KUMAR PUROHIT),J
(VIJAY BISHNOI),J
Abhishek Kumar S.No.40
2 issues framed by the court
Whether there is any illegality in the learned Single Judge's order dismissing the writ petition against the appointment and affirmation of a Receiver.
Whether the special appeal writ filed by the appellant requires interference.
1 provisions across 1 enactments
Pokar Ram S/o Shri Bhera Ram
Doli Banam Mandir Shri Mahadevji (Jaikalnath), Narlai
State of Government, through District Collector, Pali
Tehsildar, Desuri, District Pali
VIJAY BISHNOI
YOGENDRA KUMAR PUROHIT
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
