BHERU LAL Vs. ADDL DISTT JUDGE

JUDGEMENT

(1.) Instant writ petition has been filed by the petitioner against the order dated 4.10.2012 passed by the learned Additional District Judge, Ramganj Mandi, Kota, in Appeal No.22/2012, whereby he allowed the appeal and set-aside the order dated 17.09.2012 passed by the learned Civil Judge (JD) Ramganj Mandi, Kota, in T.I. Application No.41/2012 titled as Bherulal Vs. ASI Company.

(2.) The petitioner herein is the plaintiff in the suit. The suit had been filed for obtaining a decree of permanent injunction by restraining the defendant-respondent No.2, the Associated Stone Industry (Kota), from conducting any mining operation without the written permission of the plaintiff on the land measuring 0.71 hectare Khasra No.226 (Old Khasra No.17), situated at Village Kumbkot, Tehsil, Ramganj Mandi, District, Kota.

(3.) It is the case of the plaintiff-petitioner that he is the legal khatedar tenant of the said land and earlier in the year 1990, the defendant-respondent No.2 presented a petition under section 89(3)(4) of the Rajasthan Land Revenue Act, upon which the Court of learned SDM Kota vide order dated 7.7.1990 settled the compensation and allowed the defendant-company to carry out mining activities on the aforesaid land.