Rajasthan High Court - Jodhpur
Krishan Lal vs State & Ors on 2 February, 2017
Bench: Govind Mathur, G.R. Moolchandani
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
D.B. Spl. Appl. Writ No. 86 / 2017
Krishan Lal S/o Shri Chunni Lal, Aged About 66 Years, By Caste
Bishnoi Resident of Chak 6 KHM, Tehsil- Gharsana, District-
Sriganganagar (raj)
----Appellant
Versus
1. The State of Rajasthan Through the Tehsildar (revenue),
Gharsana, District- Sriganganagar
2. The Board of Revenue for Rajasthan, Ajmer
3. The Revenue Appellate Authority, Sriganganagar
4. Assistant Colonization Commissioner, Chhatargarh, Bikaner
5. Gurdev Singh S/o Shri Gulab Singh, Resident of Chak 3 KHM,
Tehsil- Gharsana, District- Sriganganagar
----Respondents
_____________________________________________________
For Appellant(s) : Mr. S.L. Jain
_____________________________________________________
HON'BLE MR. JUSTICE GOVIND MATHUR
HON'BLE MR. JUSTICE G.R. MOOLCHANDANI Judgment 02/02/2017 By the order dated 18th October, 2016, learned Single Bench dismissed an application preferred under Article 226(3) of the Constitution of India seeking vacation of ex-parte interim order dated 28th April, 2016 while deciding the application aforesaid. Learned Single Bench held that :-
"The finding recorded by the Board of Revenue at para 7 of the impugned order that it was an admitted position that the allotment of the disputed small patch land been made to the petitioner without following the procedure of (2 of 2) [SAW-86/2017] law is totally baseless and unfounded. The original fine not having made available, there was no occasion for the period of Revenue to record such finding."
It is submitted by learned counsel that findings arrived at by the learned Single Bench while deciding the application virtually amounts to acceptance of the writ petition preferred by the respondent-petitioner questioning correctness of the judgment by the Board of Revenue, Ajmer.
Looking to the nature of the finding given, we are of the view that the same is only for the purposes of examining the stay application and that shall be having no binding force at the time of final disposal of the writ petition or at the time of considering the same for the purpose of admission.
Accordingly this appeal is disposed of with the observation that the finding arrived at by the learned Single Bench while deciding the application preferred under Article 226(3) of the Constitution of India, shall not be having any adverse effect on merits of the writ petition pending consideration before the learned Single Bench. No order as to costs. (G.R. MOOLCHANDANI)J. (GOVIND MATHUR)J. Babulal/44