Megh Raj and Others vs State of Rajasthan and Others

Kishore Singh Lodha, J.—I have heard the learned Counsel for the parties.

It is not disputed before me that a revenue suit for the declaration and injunction in respect of the land in dispute, namely, Khasras No. 25 and 211 had already been filed by non-petitioners No. 2 to 4 and they had obtained a temporary injunction in their favour from the Court of SDO, Jalore on 15-3-1986 but on appeal the operation of that order had been stayed by the Revenue Appellate Authority, Jodhpur by order dated 3-4-1986. In these circumstances, the approach of non-petitioners No. 2 to 4 to the criminal court u/s 145 Cr. PC after the orders of the competent reveuue court have been passed clearly appears to be improper and malafide. The decision of the Hon''ble Supreme Court reported in Ram Sumer Puri Mahant Vs. State of U.P. and Others, , clearly applies to the present case. This court had also while following the aforesaid decision of the Hon''ble Supreme Court had taken the same course in Mani Ram and Ors. v. The State of Rajasthan and Anr. 1985 WLN 52. I am, therefore, convinced that the order of the learned SDO, Jalore dated 8-4-1986 drawing a preliminary order u/s 145 Cr. PC and appointing receiver deserves to be quashed.

I therefore, allow this application in revision and quash the order of the learned Sub-Divisional Officer Jalore dated 8-4-1986.