Rajasthan High Court - Jodhpur
State Of Rajasthan vs Hetram And Ors. (2023/Rjjd/004090) on 6 February, 2023
Author: Nupur Bhati
Bench: Nupur Bhati
[2023/RJJD/004090]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 12532/2016
State Of Rajasthan Through The Tehsildar, Tehsil And District Sri
Ganganagar.
----Petitioner
Versus
1. Hetram S/o Shri Sohan Lal.
2. Shyopatram S/o Shri Sohan Lal.
3. Sayari Devi D/o Shri Sohan Lal.
4. Dhapi Devi Wd/o Shri Sohan Lal.
(All are by caste Harijan, R/o Chak-4-E, Chhoti, Tehsil and
District Sri Ganganagar).
5. Ajinder Kaur Wd/o Shri Avatar Singh.
6. Sukhwant Kaur D/o Shri Bahal Singh.
7. Suvinder Kaur D/o Shri Bahal Singh.
8. Gurdeep Kaur D/o Shri Bahal Singh.
9. Harman S/o Shri Gurjeet Sing Cheema.
10. Smt. Harinder Wd/o Shri Datar Singh Cheema.
(All R/o Chak-4-E, Chhoti, Tehsil and District Sri
Ganganagar).
11. Revenue Appellate Authority, Sri Ganganagar.
12. The Board of Revenue for Rajasthan, at Ajmer.
13. Shishupal S/o Sanwar Mal Meghwal, R/o Ward No.14
Gandhi Basti Purani Abadi, Sri Ganganagar.
----Respondents
For Petitioner(s) : Mr. Loon Karan Purohit, G.C.
For Respondent(s) : Mr. J.L. Purohit, Senior Advocate with
Mr. Shashank R. Joshi
Mr. Hamir Singh Sidhu
HON'BLE DR. JUSTICE NUPUR BHATI
Order 06/02/2023
1. Learned counsel appearing for the respondents Nos.1 to 4 and learned counsel appearing for respondent No.13 submit that the writ petition has become infructuous for the reason that the petitioner-State had challenged the agreement dated 26.08.1976, by way of filing an application under Section 175 of Rajasthan Tenancy Act before the SDO, Sri Ganganagar, while submitting that the transfer of the land in dispute was in contravention of Section 42B, 43 & 46A of Rajasthan Tenancy Act. The application (Downloaded on 07/02/2023 at 10:00:42 PM) [2023/RJJD/004090] (2 of 2) [CW-12532/2016] before the learned SDO, Sri Ganganagar in Case No.242/97 was allowed vide order dated 26.02.2009.
2. Being aggrieved of the aforementioned order, an appeal No.26/2009 was preferred by the respondents, whereby the order and decree dated 26.02.2009 passed by SDO, Sri Gangangar was quashed and set aside vide order dated 29.07.2009 by the appellate authority.
3. The present petitioner being aggrieved of the order dated 29.07.2009 preferred an appeal before the Board of Revenue, Ajmer and the order passed by the appellate authority was upheld by Board of Revenue vide order dated 24.06.2014, hence, the present writ petition has been preferred against the order dated 24.02.2014 passed by Board of Revenue, Ajmer.
4. Learned counsel for the parties submit that the parties have entered into a sale deed dated 11.08.2014 and 29.09.2014, while complying with the laws applicable and therefore, the cause of action in the writ petition does not survive anymore, on account change in circumstances.
5. Learned counsel for the petitioner is not in a position to dispute the same.
6. In view of the aforesaid submissions made, this Court finds that on account of change in circumstances and the sale deed entered between the parties, the writ petition has become infructuous.
7. Consequently, the present writ petition is dismissed as having become infructuous.
8. All pending applications, if any, also stand dismissed.
(DR.NUPUR BHATI),J 34-nirmala/-
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