HUKUM CHAND TODI S/O SH. RAMPRATAP v. PINKI @ SAPNA W/O LT. SH. PRAKASH CHAND
CW/17798/2025 · 2025-11-19
Sanjeet Purohit
body2025
DailyLaw.ai
[ 2025 DAILYLAW 48981 (RAJ) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 48981 (RAJ) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
[2025:RJ-JP:46592] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 17798/2025
1. Hukum Chand Todi S/o Sh. Rampratap, Aged About 72 Years, R/o Bajaj Road, Sikar.
2. Vikas Kabra S/o Sh. Manishankar, Aged About 43 Years, R/o Tilak Nagar, Ward No. 16, Sikar. ----Petitioners Versus
1. Pinki @ Sapna W/o Lt. Sh. Prakash Chand, R/o Gokulpura, Tehsil And District- Sikar, Unsound Mind Through Well Wisher And Abaad Mata Manohari Devi W/o Late Shri Sanwarmal, R/o Ward No. 40, Jyoti Nagar, Piprali Road, Sikar, Tehsil And District- Sikar.
2. Sarita, D/o Rameshwar Lal
3. Santara, D/o Rameshwar Lal
4. Sharda, D/o Rameshwar Lal
5. Suman, D/o Rameshwar Lal
6. Sharmila D/o Rameshwar Lal, All R/o- Village Gokulpura, Tehsil And District- Sikar.
7. Chawli, W/o Bhagwanaram
8. Gopal S/o Bhagwanaram, All R/o- Village Gokulpura, Tehsil And District- Sikar.
9. Sub- Registrar, Sikar.
10. State Of Rajasthan, Through District Collector Sikar. ----Respondents For Petitioner(s) : Mr. Rahul Kamwar with Mr. Bharat Kumar Todi & Mr. Vaibhav Nirmal HON'BLE MR. JUSTICE SANJEET PUROHIT
Order 19/11/2025
1. Heard on application (IA No.01/2025).
2.
Learned counsel for the petitioners submits that with regard to the different parts of the same parcel of land, four proceedings are filed before the learned Board of Revenue, in which the respondents have though impleaded the present petitioners as party – respondents in three of the proceedings but have not impleaded the petitioners as party – respondents in T.A. Appeal No.4418/2025. It is contended by
learned counsel that without impleading the petitioners as party –
[2025:RJ-JP:46592] (2 of 3) [CW-17798/2025] respondents, the interim order has been passed, which is affecting the rights of the petitioners and therefore, the present application for leave to prefer the writ petition has been filed.
3. For the reasons stated and grounds mentioned in the application (IA No.01/2025), the same is allowed. Writ petition is considered on merits.
4.
Learned counsel for the petitioners submits that in relation to the similar proceedings, while challenging the interim order dated 05.06.2025, in three other writ petitions between the same parties were being filed, coordinate Bench of this Court vide order dated 10.10.2025, has passed following order :-
“1. The present petitions have been filed by the petitioners against the interim order dated 05.06.2025 passed by the Board of Revenue, Ajmer (hereinafter referred to as 'Board') in TA Appeal Nos. 4413/2025, 4417/2025 and 4415/2025.
2.
Learned counsel for the petitioners submits that learned Board has passed the interim order in the aforesaid appeals. Notably, there was concurrent finding by Sub-Divisional Officer, Sikar (hereinafter referred as 'trial Court') as well as Revenue Appellate Authority, Sikar (hereinafter referred as learned' Appellate Court') and, without going into the merits of this case and appreciating the arguments advanced on behalf of the petitioners before learned Board, the impugned interim order dated 05.06.2025 has been passed, therefore, the aforesaid order be quashed and set aside.
3.
Learned counsel for the petitioners prays that the present petitions be disposed of at this stage, while quashing the impugned interim order dated 05.06.2025 passed by learned Board, direction be given to learned Board to decide the stay application afresh, after giving proper opportunity of hearing to both the parties.
4. Heard learned counsel for the petitioners.
5. Admittedly, in the present matters, Respondent no.1 namely - Pinki @ Sapna filed an application under Section 212 of the Rajasthan Tenancy Act, 1955 before learned Trial Court, whereby, the application was dismissed vide order dated 03.06.2019. Against the said order, an appeal was filed by Respondent no.1 before the learned Appellate Court, whereby, vide order dated 15.05.2025, the appeal was dismissed; against which learned Board has passed the impugned interim order dated 05.06.2025.
6. In view of the submissions made by learned counsel for the petitioners, the present petitions
[2025:RJ-JP:46592] (3 of 3) [CW-17798/2025] stand disposed of with the direction to Board of Revenue, Ajmer to decide the stay application afresh in TA Appeal Nos. 4413/2025, 4417/2025 and 4415/2025 within a period of one month from the date of receipt of this order.
7. With the aforesaid discussions, the present petitions stand disposed of. Stay application and pending applications also stand disposed of.”
5. In view of the submissions made by learned counsel for the petitioners that the stay application has been allowed in favour of the respondents without passing any reasoned order and without granting proper opportunity of hearing to the petitioners, the impugned order dt. 05.06.2025 is hereby quashed & set aside.
6. Accordingly, the present writ petition is disposed of with a direction to the learned Board of Revenue, Ajmer to decide the application afresh in T.A. Appeal No.4418/2025 within a period of one month from the date of receipt of certified copy of this order.
7. Pending application(s), if any, also stands disposed of.
(SANJEET PUROHIT),J SAHIL SONI /3