UGAM KANWAR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Learned counsel for the petitioners, at the outset, submits that identical matter involving the identical issue, has been disposed of by this Court in Jannat and Ors. Vs. State of Rajasthan and Ors. : S.B. Civil Writ Petition No.16992/2018, decided on 01.11.2018 and prayed that similar order be passed in the present case also. The order dated 01.11.2018 reads thus:-

(2.) The petitioners claim to be in possession of a chunk of agricultural land in the village Nachana, District Jaisalmer through their ancestors, who were allegedly cultivating the land even before the enactment of the Rajasthan Land Revenue Act, 1956. The petitioners received a notice under Section 22 of the Rajasthan Colonization Act treating them to be trespassers over the said chunk of land. They filed a suit for declaration under Sections 88, 188 read with Section 15 of the Rajasthan Tenancy Act; and Sections 125 and 136 of the Land Revenue Act seeking a direction for declaration of their rights on the land in question. Alongwith the suit, they also filed an application for injunction under Section 212 of the Rajasthan Tenancy Act read with Section 151 C.P.C.

(3.) A grievance is raised by the petitioners that on the one hand, the Dy. Commissioner (Colonization), IGNP, Nachana, District Jaisalmer is sitting tight over the petitioners' suit and the injunction application and at the same time, the respondent authorities are bent upon to dispossess the petitioners from the land in question on which, they claimed entitlement by virtue of old possession.