Rajasthan High Court - Jodhpur
Lrs Of Dhokal Singh vs State Of Rajasthan on 18 March, 2020
Author: Arun Bhansali
Bench: Arun Bhansali
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 3258/2020
1. Lrs Of Dhokal Singh, S/o Sawai Singh, Through-
2. Mohan Singh S/o Late Dhokal Singh, Aged About 51
Years, By Caste Rajput, Residents Of Village Maiyasar,
Tehsil Nokha, District Bikaner (Raj.)
3. Mahaveer Singh S/o Late Dhokal Singh, Aged About 40
Years, By Caste Rajput, Resident Of Village Maiyasar,
Tehsil Nokha, District Bikaner (Raj.)
4. Bhanwar Kanwar D/o Late Dhokal Singh, Aged About 65
Years, By Caste Rajput, Resident Of Village Maiyasar,
Tehsil Nokha, District Bikaner (Raj.)
5. Ratan Kanwar D/o Dhokal Singh, Aged About 60 Years, By
Caste Rajput, Resident Of Village Maiyasar, Tehsil Nokha,
District Bikaner (Raj.)
6. Kiran Kanwar D/o Late Dhokal Singh, Aged About 45
Years, By Caste Rajput, Resident Of Village Maiyasar,
Tehsil Nokha, District Bikaner (Raj.)
7. Seema Kanwar D/o Late Dhokal Singh, Aged About 42
Years, By Caste Rajput, Resident Of Village Maiyasar,
Tehsil Nokha, District Bikaner (Raj.)
8. Rami Kanwar S/o Late Dhokal Singh, Aged About 35
Years, By Caste Rajput, Resident Of Village Maiyasar,
Tehsil Nokha, District Bikaner (Raj.)
9. Lrs Of Karan Singh, S/o Dhokal Singh, Through-
10. Durga Kanwar W/o Late Karan Singh, By Caste Rajput,
Resident Of Village Maiyasar, Tehsil Nokha, District
Bikaner (Raj.)
11. Mod Singh S/o Late Karan Singh, Aged About 22 Years,
By Caste Rajput, Resident Of Village Maiyasar, Tehsil
Nokha, District Bikaner (Raj.)
12. Usha Kanwar D/o Late Karan Singh, Aged About 25 Years,
By Caste Rajput, Resident Of Village Maiyasar, Tehsil
Nokha, District Bikaner (Raj.)
13. Ratan Singh S/o Late Karan Singh, Aged About 21 Years,
By Caste Rajput, Resident Of Village Maiyasar, Tehsil
Nokha, District Bikaner (Raj.)
14. Puja Kanwar D/o Late Karan Singh, Aged About 14 Years,
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Through Natural Guardian Mother Smt. Durga Kanwar, By
Caste Rajput, Resident Of Village Maiyasar, Tehsil Nokha,
District Bikaner (Raj.)
15. Lrs Of Mahendra Singh, S/o Dhokal Singh, Through-
16. Amru Kanwar D/o Late Mahendra Singh, Aged About 42
Years, By Caste Rajput, Resident Of Village Maiyasar,
Tehsil Nokha, District Bikaner (Raj.)
17. Ajeet Singh S/o Late Mahendra Singh, Aged About 23
Years, By Caste Rajput, Resident Of Village Maiyasar,
Tehsil Nokha, District Bikaner (Raj.)
18. Pawan Singh S/o Late Mahendra Singh, Aged About 21
Years, By Caste Rajput, Resident Of Village Maiyasar,
Tehsil Nokha, District Bikaner (Raj.)
19. Lrs Of Sultan Singh, S/o Sawai Singh, Through-
20. Lichhma Kanwar W/o Late Sultan Singh, Aged About 55
Years, By Caste Rajput, Resident Of Village Maiyasar,
Tehsil Nokha, District Bikaner (Raj.)
21. Khuman Singh S/o Late Sultan Singh, Aged About 33
Years, By Caste Rajput, Resident Of Village Maiyasar,
Tehsil Nokha, District Bikaner (Raj.)
22. Manohar Singh S/o Late Sultan Singh, Aged About 20
Years, By Caste Rajput, Resident Of Village Maiyasar,
Tehsil Nokha, District Bikaner (Raj.)
23. Indra Kanwar D/o Late Sultan Singh, Aged About 37
Years, By Caste Rajput, Resident Of Village Maiyasar,
Tehsil Nokha, District Bikaner (Raj.)
24. Ichraj Kanwar D/o Late Sultan Singh, Aged About 37
Years, By Caste Rajput, Resident Of Village Maiyasar,
Tehsil Nokha, District Bikaner (Raj.)
25. Anita Kanwar D/o Late Sultan Singh, Aged About 35
Years, By Caste Rajput, Resident Of Village Maiyasar,
Tehsil Nokha, District Bikaner (Raj.)
26. Manju Kanwar D/o Late Sultan Singh, Aged About 30
Years, By Caste Rajput, Resident Of Village Maiyasar,
Tehsil Nokha, District Bikaner (Raj.)
27. Chuka Kanwar D/o Late Sultan Singh, Aged About 27
Years, By Caste Rajput, Resident Of Village Maiyasar,
Tehsil Nokha, District Bikaner (Raj.)
28. Prem Kanwar D/o Roop Kanwar W/o Sawai Singh, Aged
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About 75 Years, By Caste Rajput, R/o Maiyasar, Tehsil
Nokha, District Bikaner.
29. Sajjan Kanwar D/o Roop Kanwar W/o Mangej Singh, Aged
About 72 Years, By Caste Rajput, R/o Loharda, Tehsil
Navalgarh, District Jhunjhunu.
30. Dhapu Kanwar D/o Roop Kanwar W/o Tejpal Singh, Aged
About 70 Years, By Caste Rajput, Presently Chak 3-H
Bada, Tehsil And District Sri Ganganagar (Raj.)
----Petitioners
Versus
1. State Of Rajasthan, To Be Served Through Secretary
Revenue Department, Govt Of Rajasthan, Jaipur.
2. Heera Lal S/o Hukma Ram, By Caste Jat, R/o Samelsar,
Tehsil Nokha, District Bikaner (Raj.)
3. Madan Gopal S/o Hukjma Ram, By Caste Jat, R/o
Samelsar, Tehsil Nokha, District Bikaner (Raj.)
4. Jeevan Singh S/o Sawai Singh, By Caste Rajput, R/o
Village Maiyasar, Tehsil Nokha, District Bikaner (Raj.)
5. Raju Kanwar D/o Roop Kanwar W/o Durg Singh, By Caste
Rajput, R/o Village Maiyasar, Tehsil Nokha, District
Bikaner (Raj.)
----Respondents
For Petitioner(s) : Mr. J.L. Purohit Senior Advocate
assisted by
Mr. Shashank Ojha
For Respondent(s) :
HON'BLE MR. JUSTICE ARUN BHANSALI
Order 18/03/2020 It is submitted by learned counsel for the petitioners that the Revenue Appellate Authority, while accepting the appeal filed by the respondents and granting a decree for injunction, did not even record a finding pertaining to the possession of plaintiffs qua the land in question, which is disputed by the petitioners. (Downloaded on 18/03/2020 at 08:23:57 PM)
(4 of 4) [CW-3258/2020] Further submissions have been made that the decree of partition granted by the Revenue Appellate Authority is not in proper form, inasmuch as, a preliminary decree was required to be passed instead, a final decree has been passed.
Further submissions have been made that the Board of Revenue, has also not dealt with any of the said aspects.
In view of the submissions made, issue notice. Issue notice of stay application as well. Both the notices are made returnable within a period of four weeks.
Notices when issued be given 'dasti' to counsel for the petitioner.
In the meanwhile and till further orders, status quo pertaining to title, possession and the revenue entries qua the land in dispute shall be maintained by the parties.
The petitioners shall not transfer the land to the extent the same has been transferred in favour of the plaintiffs.
(ARUN BHANSALI),J 13-AK Chouhan/-
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