High CourtsDivision Bench(2023) 09 RAJ CK 0071

Kamla And Others vs State Of Rajasthan And Others

Rajasthan High Court · Decided on 22 September 2023

HON’BLE JUDGES
Vijay Bishnoi, J · Yogendra Kumar Purohit, J
CASE NUMBER
Special Appeal Writ No. 766 Of 2023

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Judgment

7 paragraphs · 273 words

Learned counsel Mr. Mahaveer Bhanwariya puts in appearance on behalf of the respondent No.5 as caveator.

Learned counsel for the petitioners has submitted that while dismissing the writ petition filed on behalf of the petitioners and while allowing the writ petition filed on behalf of the respondents, the learned Single Judge has recorded a finding that the land of the appellants is different from the land, which was denoted by one Moinudeen to the Gram Panchayat. It is submitted by learned counsel for the appellants that this finding of the learned Single Judge has virtually decided the civil suit filed on behalf of the appellants before the learned trial court.

Mr. Mahaveer Bhanwariya, appearing on behalf of respondent No.5, has argued that the learned Single Judge has not committed any illegality in allowing the writ petition filed by the Gram Panchayat and dismissing the writ petition filed on behalf of the appellants. It is submitted that the Gram Panchayat has successfully demonstrated before the courts below that the land in question, where a community hall is being constructed, is donated by one Moinudeen to the Gram Panchayat. It is also submitted that the learned trial court has misread the documentary evidence produced on behalf of the respondent - Gram Panchayat, while passing the impugned order.

Issue notice to the respondents Nos.1 to 4.

Learned counsel Mr. Sunil Beniwal, AAG is directed to accept notice on behalf of the respondents Nos.1 to 4. Service is, therefore, complete.

List the matter on 11.10.2023.

Till next date, the parties are directed to maintain status quo as it exits today in respect of the land in question.