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2026 DAILYLAW 3442 (RAJ)

CHHAJJU S/O LATE SHRI PHOOLCHAND v. STATE OF RAJASTHAN

CW/4623/2026 · 2026-03-16

Anuroop Singhi

body2026

Judgment text

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[2026:RJ-JP:11153] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 4623/2026 1. Chhajju S/o Late Shri Phoolchand, Resident Of Dhani Leela Ki Tan, Shahpura, Tehsil Shahpura, District Jaipur 2. Ramkaran S/o Late Shri Phoolchand, Resident Of Dhani Leela Ki Tan, Shahpura, Tehsil Shahpura, District Jaipur. 3. Smt. Koyali D/o Late Shri Phoolchand And Wife Of Shri Mukesh Kumar, Resident Of Village Khora Ladkhani, Tehsil Shahpura, District Jaipur. 4. Birdichand, S/o Late Shri Prabhat 5. Ramjilal, S/o Late Shri Prabhat 6. Jagdish, S/o Late Shri Prabhat 7. Banshi S/o Late Shri Prabhat, Petitioner No. 4 To 7 Are Resident Of Dhani Leela Ki Tan, Shahpura, Tehsil Shahpura, District Jaipur. 8. Smt. Bidami D/o Late Shri Prabhat And Wife Of Shri Sudalal, Resident Of Village Dholi Kothi, Tehsil Shahpura, District Jaipur. 9. Smt. Rudi D/o Late Shri Prabhat And Wife Of Shri Chhitar, Resident Of Village Dholi Kothi, Tehsil Shahpura, District Jaipur. 10. Mst. Ramki, W/o Late Shri Bhola 11. Ganpat, S/o Late Shri Bhola 12. Sardara S/o Late Shri Bhola, Petitioner No. 10 To12 Are Resident Of Dhani Leela Ki Tan, Shahpura, Tehsil Shahpura, District Jaipur. 13. Bhura, S/o Late Shri Bhola 14. Mukesh S/o Late Shri Bhola, Petitioner No. 13 To 14 Are Resident Of Dhani Leela Ki Tan, Shahpura, Tehsil Shahpura, District Jaipur 15. Smt. Patashi D/o Late Shri Bhola And Wife Of Shri Hardev, R/o Ward No. 3, Shahpura Tehsil Shahpura District Jaipur 16. Smt. Murlidevi D/o Late Shri Bhola And Wife Of Shri Phoolchand, R/o Dhani Gulya Ki Tan Shahpura Tehsil Shahpura District Jaipur 17. Smt. Sumitra D/o Late Shri Bhola And Wife Of Shri Ramu, R/o Dhani Puniya Ki Tan Shahpura Tehsil Shahpura District Jaipur 18. Smt. Vimla D/o Late Shri Bhola And Wife Of Shri Vishnu, R/o Dhani Puniya Ki Tan Shahpura Tehsil Shahpura District Jaipur ----Petitioners Versus 1. State Of Rajasthan, Through Tehsildar Shahpura, Tehsil [2026:RJ-JP:11153] (2 of 3) [CW-4623/2026] Shahpura, District Jaipur. 2. Mandir Shri Maujiji Maharaj, Shahpura Through Priest (Pujari) - 1. Shri Suresh Kumar S/o Late Shri Roop Narayan, 2. Vijay Kumar S/o Late Shri Roop Narayan, All Are Resident Of Shahpura, Tehsil Shahpura, District Jaipur. 3. Smt. Prabhati W/o Late Shri Phoolchand, Resident Of Dhani Leela Ki Tan, Shahpura, Tehsil Shahpura, District Jaipur. 4. Kajod S/o Late Shri Mohan, Resident Of Dhani Leela Ki Tan, Shahpura, Tehsil Shahpura, District Jaipur. ----Respondents For Petitioner(s) : Mr. Prakash Chandra Jain with Ms. Vinny Jain HON'BLE MR. JUSTICE ANUROOP SINGHI Order 16/03/2026 1. Learned counsel for the petitioners submits that while an appeal filed by the petitioners along with the stay application are pending since the year 2009, on one hand no order is being passed on the stay application filed by the petitioners, on the other hand, very recently a notice dated 15.02.2026 has been issued by the SHO Shahpura, District Jaipur Rural for executing the decree and order passed by the Sub-Divisional Officer, Shahpura, Jaipur Rural dated 07.03.2007. 2. Learned counsel for the petitioners submits that the said communication dated 15.02.2026 has been issued without any authority of law and is in teeth with the provisions of the Rajasthan Tenancy Act, 1955 (for short “the Act of 1955”). 3. Learned counsel for the petitioners further submits that the communication dated 15.02.2026 could not have been issued more particularly in light of the Section 184 of the Act of 1955. [2026:RJ-JP:11153] (3 of 3) [CW-4623/2026] 4. Learned counsel for the petitioners prays that taking note of the communication dated 15.02.2026, the learned Board of Revenue, Ajmer may be directed to decide the stay application of the petitioners at the earliest and in a time bound manner. 5. Considering the limited prayer made by the learned counsel for the petitioners, without delving into the merits of the case and further taking note of the fact that an appeal along with a stay application filed by the petitioners are pending since the year 2009, the learned Board of Revenue, Ajmer is directed to consider and pass an order on the stay application filed by the petitioners within a period of two weeks from the date of submission of the certified copy of this order. 6. The stay application be decided strictly in accordance with law by passing a speaking and reasoned order after affording an opportunity of hearing to the parties. 7. With the aforesaid directions, the writ petition is disposed of. 8. Pending application(s), if any, stand disposed of. 9. Needless to say, this order has been passed only to decide the stay application of the petitioners strictly in accordance with law and in no manner be construed as a direction to decide the said application in a particular manner. (ANUROOP SINGHI),J DANISH USMANI /52