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2025 DAILYLAW 15973 (RAJ)

MANGLA RAM S/O LATE SHRI BALDEV S/O LATE SHRI GIRDHARI v. STATE OF RAJASTHAN

CW/6151/2025 · 2025-05-21

Vinod Kumar Bharwani

body2025

Judgment text

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[2025:RJ-JP:21362] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 6151/2025 1. Mangla Ram S/o Late Shri Baldev S/o Late Shri Girdhari, Aged About 48 Years, R/o Village Kayad, Tehsil And Distt. Ajmer. 2. Shiv Raj S/o Late Shri Baldev S/o Late Shri Girdhari, Aged About 42 Years, R/o Village Kayad, Tehsil And Distt. Ajmer. ----Petitioners Versus 1. State Of Rajasthan, Through Collector, Ajmer. 2. Ajmer Development Authority, Todarmal Marg, Ajmer, Trhrough Its Commissioner. ----Respondents For Petitioner(s) : Mr. Sanjay Gangwar For Respondent(s) : HON'BLE MR. JUSTICE VINOD KUMAR BHARWANI Order 21/05/2025 This writ petition has been filed by the petitioner under Article 227 of the Constitution of India against the order dated 12.02.2025 passed by Court of learned Additional District Judge No.3, Ajmer (Raj.) whereby, the appeal filed by the petitioner was dismissed and the order dated 19.12.2024 passed by the Court of Civil Judge Ajmer, District Ajmer (Raj.) whereby the application under Order 7 Rule 11 r/w 151 of C.P.C. filed by the defendants- respondents was partly allowed and the plaint was returned to the plaintiffs to present before the competent Court, was upheld. [2025:RJ-JP:21362] (2 of 2) [CW-6151/2025] Learned counsel for the petitioner submits that the learned Courts below have committed grave error while passing the impugned order(s) dated 19.12.2024 & 12.02.2025. The land in question is not an agricultural land but it is a 'abadi' land. The learned Court below have committed an error in returning the plaint on the ground that the jurisdiction to hear the case lies with the Revenue Court, not with the Civil Court. The plaintiffs are permanent residence of the suit land and have constructed 'pucca' house and 'bada' for the animals and the electricity connection has also been issued by the AVVNL. Heard learned counsel for the petitioners and perused the impugned orders as well as material available on record. The Learned Trial Court & learned Appellate Court, after considering all the facts, have passed the reasoned orders, which are just & proper. No illegality, infirmity or error have been committed by the learned Trial Court as well as learned Appellate Court in the aforesaid orders. Hence, there is no scope for interference in the aforesaid orders under the limited writ jurisdiction under Article 227 of the Constitution of India. Consequently, the present writ petition is dismissed. Pending application(s), if any, also stands disposed of. (VINOD KUMAR BHARWANI),J SAURABH /55