Writ petition disposed of directing Divisional Commissioner, Jodhpur, to decide pending appeal within eight weeks, treat delay as preliminary, and restrain petitioner from alienating property stay intact incumbrance.
Direction to decide appeal within eight weeks; treat delay preliminarily; restrain alienation of property; dispose stay application.
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[2024:RJ-JD:23490]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Civil Writ Petition No. 1176/2024
Avadhesh Parihar S/o Late Shri Bhanwar Lal Ji, Aged About 50 Years, By Caste Mali, Resident Of C-203, Kirti Nagar, Punjla, Jodhpur.
----Petitioner
Versus
----Respondents
For Petitioner(s) : Mr. Chandra Shekhar Kotwani & Ms. Swati Shekhar For Respondent(s) : Mr. Sajjan Singh Rajpurohit, Mr. Vikram Sharma Mr. Dalip Rajvi
HON'BLE MR. JUSTICE VINIT KUMAR MATHUR
Order
23/05/2024
Heard learned counsel for the parties.
[2024:RJ-JD:23490]
[CW-1176/2024]
(2 of 2)
The present writ petition has been filed against the order dated 05.01.2024 (Annex.10) passed by the Divisional Commissioner, Jodhpur, whereby, in the appeal filed by the respondent, the interim order has been passed.
Learned counsel for the parties are in agreement that the writ petition may be disposed of with a direction to the Divisional Commissioner, Jodhpur to decide the pending appeal expeditiously.
In view of the submissions made before this Court, the writ petition is disposed of with a direction to the Divisional Commissioner, Jodhpur to decide the pending appeal No.1/2024 filed by Kalyan Singh & Ors. within a period of eight weeks from the date of receipt of certified copy of this order strictly in accordance with law.
It is further directed that the Divisional Commissioner, Jodhpur shall decide the point of delay in filing the appeal as a preliminary issue by passing an speaking order.
In the meanwhile and till the appeal is decided by the Divisional Commissioner, Jodhpur, the order passed by this Court on 24.01.2024 shall remain incurrency with the modification that the petitioner shall not alienate the property in question till the appeal is decided.
The stay application and other pending applications, if any, also stand disposed of.
(VINIT KUMAR MATHUR),J
205-SanjayS/-
3 issues framed by the court
Whether to grant direction to Divisional Commissioner to decide pending appeal expeditiously.
Whether to impose restraint on alienation of property pending appeal.
Whether to decide point of delay as preliminary issue.
Avadhesh Parihar
Kalyan Singh
Jagdeep Parihar
Amit Pariar
Suraj Kumar
Gajendra Singh
Vinit Kumar Mathur
As recorded by the court registry
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