Rajasthan High Court - Jodhpur
Peer Mahant Shri Pashupashipati Nath vs Satyaveer on 24 September, 2019
Author: Dinesh Mehta
Bench: Dinesh Mehta
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 13424/2019 Peer Mahant Shri Pashupashipati Nath, Aged About 75 Years, Somnath Mandir, Sardarshahar, District- Churu (Rajasthan).
----Petitioner Versus
1. Satyaveer S/o Shri Sultana Ram, By Caste Jangir, Resident Of Ward No. 18, Sardarshahar, District- Churu.
2. Shrawan Kumar S/o Shri Ganesha Ram,, By Caste Swami, Resident Of Malaksar, At Present Near Kishan Hostal, Sardarshar, District- Churu (Rajasthan).
3. Ramchandra Alias Chunna Lal S/o Shri Bhura Ram,, By Caste Brahaman, Resident Of Ward No. 18, Behind Somnath Mandir, Sardarshahar, District- Churu (Rajasthan).
4. Shrawan Kumar S/o Shri Gangadhar,, By Caste Brahaman, Resident Of Jaisanghsar, Tehsil- Sardarshahar. At Present Ward No. 18, Sardarshahar, District- Churu (Rajasthan).
5. State Of Rajasthan, Through Tehsildar Cum Paden Sub Registrar, Sardarshahar, District- Churu (Rajasthan).
6. Mangali Devi D/o Late Deep Chand Purva, W/o Shri Jhumar Lal,, By Caste Darji, Resident Of Nohar, District- Hanumangarh (Rajasthan)
7. Geeta D/o Late Deep Chand Purva, W/o Shri Bhanwar Lal, By Caste Darji, Resident Of Ghoshalabas, Sardarshahar, District- Churu (Rajasthan).
8. Saroj D/o Late Deep Chand Purva, W/o Shri Sajjan Kumar, By Caste Darji, Resident Of Near Chandiyon-Ki- Kui, Laxmangarh, District- Sikar (Rajasthan).
9. Sukhi D/o Late Deep Chand Purva, W/o Shri Anand Bihari Deedwaniya, By Caste Darji, Resident Of Ginanibas, Sardaarshahar, District- Churu (Rajasthan).
10. Rukamani Devi W/o Shri Pratap Singh Purva, By Caste Darji, Resident Of Ward No. 13, Near Vishvakarma Mandir, Sardarshahar, District- Churu (Rajasthan).
11. Hemant Kumar S/o Shri Pratap Singh Pruva, By Caste Darji, Resident Of Ward No. 13, Near Vishvakarma (Downloaded on 25/09/2019 at 08:47:38 PM) (2 of 3) [CW-13424/2019] Mandir, Sardarshahar, District- Churu (Rajasthan).
12. Himanshu Rai S/o Shri Pratap Singh Pruva, By Caste Darji, Resident Of Ward No. 13, Near Vishvakarma Mandir, Sardarshahar, District- Churu (Rajasthan).
13. Arvind Singh S/o Shri Pratap Singh Pruva, By Caste Darji, Resident Of Ward No. 13, Near Vishvakarma Mandir, Sardarshahar, District- Churu (Rajasthan).
14. Bhawana D/o Shri Pratap Singh Pruva, W/o Shri Manish Ratan, By Caste Darji, Resident Of Digjam Colony, Jam Nagar (Gujarat).
----Respondents For Petitioner(s) : Mr. Shambhoo Singh JUSTICE DINESH MEHTA Judgment 24/09/2019 By way of present writ petition, the petitioner has challenged the order dated 26.10.2018, passed by the Sub-Divisional Officer, Sardarshahar, whereby his application under Order VIII Rule 9 of the Code of Civil Procedure, seeking leave to file rejoinder has been rejected, which has been duly affirmed by the Board of Revenue, vide its order dated 21.06.2019.
It is pertinent to note that both the authorities below have concurrently found that no new facts have been stated in the written statement and thus, there was no need of filing a repplication/rejoinder.
A perusal of the subject application plaint vis-a-vis written statement, filed by the petitioner clearly shows that no new facts have been asserted in the written statement. Even in the (Downloaded on 25/09/2019 at 08:47:38 PM) (3 of 3) [CW-13424/2019] application filed, the petitioner has not pointed out particular facts, which were required to be answered/responded.
That apart, the concurrent orders of the Courts below being discretionary, does not call for interference in exercise of jurisdiction under Article 227 of the Constitution of India.
The writ petition therefore fails.
Stay petition also stands dismissed.
(DINESH MEHTA),J 32-Ramesh/-
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