[2025:RJ-JP:42399] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 15503/2025 1. Jaisiram aged about 49 Years, 2. Kedar, aged about 45 Years, Both son of Tulsiram, Resident of Pahadi, Tehsil Mahawa, District Dausa (Raj.) ----Petitioners Versus 1. State of Rajasthan, through the District Collector, Dausa, Rajasthan. 2. District Collector, District Dausa, Rajasthan. 3. Sub-Divisional Magistrate & SDO, District Dausa, Rajasthan. 4. Principal, Government Upper Primary School Pahadi, Tehsil Mahawa, District Dausa Rajasthan 5. Moti Ram S/o Surgyan, R/o Village Pahadi, Tehsil Mahawa, District Dausa, Rajasthan ----Respondents For Petitioner(s) : Mr. Gaurav Jain For Respondent(s) : HON'BLE MR. JUSTICE MANEESH SHARMA Order 16/10/2025 1. The present writ petition has been filed by the petitioner, assailing the order dated 18.08.2025 passed by the Additional District Judge, Mahua, District Dausa in Appeal No.05/2025 as well as the order dated 11.02.2025 passed by the Civil Judge, Mahua, District Dausa, in case No.80/2024, whereby the appeal filed by the petitioner has been dismissed and the order passed by the learned Trial Court, dismissing the application filed under Order 39 [2025:RJ-JP:42399] (2 of 3) [CW-15503/2025] Rule 1 and 2 Code of Civil Procedure, 1908 (CPC) have been upheld and confirmed. 2. Learned counsel for the petitioner submits that the disputed property was given by the petitioners' father Late Shri Tulsiram to construct a school on his land. He further submits that at the time of handing over the possession of the suit land, it was verbally agreed between the respondents and the petitioners' father that the name would be held in the name of Tulsiram i.e. the petitioners' father. Still, in clear violation of the aforesaid verbal promise, the respondents are now changing the name of school and are bent upon to changing the name of school to "Shahid Surgyan Rajkiya Upper Primary Vidyalaya" for which the necessary permission has been accorded by the Education Department, Bikaner as well. 3. He further submits that both the learned courts below have seriously erred in not appreciating the pleadings of the parties while deciding the prima facie case, balance of convenience and irreparable loss. He further submits that since the land was donated long back by the petitioners’ father, therefore, the name of the school should not be recorded in the name of "Shahid Surgyan Rajkiya Upper Primary Vidyalaya". 4. Heard and perused the material available on record. 5. From the record of the case, it is revealed that the suit land was allegedly donated by the father of the petitioners around 50 years back, but the name of the petitioners' father was never written on that school and now, as per the policy of the Government, to pay respect to the sacrifices of martyred soldiers; it has been decided that the name of the school be renamed and [2025:RJ-JP:42399] (3 of 3) [CW-15503/2025] recorded as "Shahid Surgyan Rajkiya Upper Primary Vidyalaya" for which necessary orders have been passed by the Education Department, Bikaner. 6. Even otherwise, the petitioners have failed to disclose any legal right as claimed in the temporary injunction application; and why, in the last 50 years, they never assailed such a right; and failed to substantiate any documents/ correspondence on record for establishing their alleged legal right. 7. Consequently, both the learned courts below, after considering all the facts, while dealing with the questions of prima facie case, balance of convenience and irreparable loss, have rightly dismissed the temporary injunction applications filed by the petitioners, which cannot be considered as arbitrary or perverse in the eyes of law. 8. In that view of the matter, this Court is of the considered opinion that the impugned orders do not suffer from any arbitrariness, perversity, or legal infirmity so as to call for any interference under Article 227 of the Constitution of India. 9. Accordingly, the present writ petition fails and is hereby dismissed. 10. All other pending application(s), if any, stand disposed of. (MANEESH SHARMA),J SOURAV /15