OM PRAKASH Vs. MUNICIPAL BOARD

JUDGEMENT

(1.) This miscellaneous appeal is being preferred under Order 43 Rule 1 read with Sec. 151 CPC assailing the order dtd. 1/4/2021, whereby the Additional District Judge, Ratangarh, Churu declined to grant ad-interim injunction to the appellants, during the course of hearing of the application for temporary injunction.

(2.) Relevant facts of the case as culled out from the plaint are that the land of Khasra Nos.623, 639, 655, 848, 850, 851, 863 and 865 total measuring 82 bighas and 14 biswas at village Ratangarh are recorded in the name of Gaushala Kasba Ratangarh in the revenue record and few of lands are recorded in the name of Pinjarapole Gaushala Ratangarh Charity Society. These lands of Gaushala are being managed by the Ratangarh Charity Samiti, which is said to be a registered society having Registration No.25/11/27 since 1927. The officiating members of the society were elected on 14/8/2015 and the then Secretary of this society got registered another society in the name of "Ratangarh Pinjarapole Gaushala Samiti" before the Registrar under Rajasthan Societies Registration Act, 1958. The newly constituted society viz., Ratangarh Pinjarapole Gaushala Samiti, has transferred a piece of land measuring 6000 square mtrs. (100 X 60 mtrs.) out of the land of Khasra No.639 total measuring 9.99 hectares, which is recorded in the name of Gaushala Kasba Ratangarh. A lease-deed dtd. 3/4/2019 has been executed in favour of Municipal Board, Ratangarh. The Municipal Board, Ratangarh being lessee took this piece of land for the purpose of construction of Sewerage Treatment Plant (STP). The construction and establishment of STP was started and, at that juncture, the appellants woke up and instituted a civil suit for permanent injunction on 4/3/2021 for and on behalf of the public of Ratangarh alleging, inter alia, that the lease-deed is void ab-initio as the land recorded in the name of Gaushala cannot be transferred for any other purposes. Alongwith the suit an application for temporary injunction was also filed, which is yet pending and has not been decided finally.

(3.) Counsel for the appellants argued that it is not in dispute that the piece of land measuring 6000 square mtrs., which is part of Khasra No.639 measuring 9.99 hectare is recorded in the name of Gaushala Kasba Ratangarh in the revenue record of Jamabandi and the respondent No.3 society, viz., Ratangarh Pinjarapole Gaushala Samiti has transferred the said piece of land to respondents No.l and 2, Municipal Board, Ratangarh by way of lease-deed. This lease-deed is illegal and void ab-initio and stands in violation of the Rajasthan Land Revenue (Allotment of Land To Gaushalas) Rules, 1957 (hereinafter referred to 'as the Rules of 1957'). Sub-rule (4) and (5) of Rule 8 of the Rules of 1957 have been pressed in support of his contention.