KHEMA RAM Vs. STATE OF RAJASTHAN AND OTHERS

JUDGEMENT

(1.) The petitioner has approached this Court by way of present writ petition aggrieved by order dated 14.08.2013 (Annex.8) passed by learned S.D.O., Nokha, on an application filed by the respondent No.3- Chetan Ram S/o Lakha Ram (real brother of the present petitioner) under Sec. 212 of the Rajasthan Tenancy Act, 1955, (for short, hereinafter referred to as 'Act of 1955') for appointment of Receiver on the land in dispute of Khasra Nos. 391 and 392, situated at Village- Sinyala, Tehsil Nokha, District: Bikaner.

(2.) The dispute is between the two brothers and according to the plaint, there was division of said agricultural land by mutual agreement of 02.02.1983. But, in the suit filed by the respondent No.3/plaintiff, Chetan Ram S/o Lakha Ram, against the petitioner/defendant, Khema Ram S/o Lakha Ram, the plaintiff has claimed that the land of Khasra No.391 measuring 3.17 Hectares be declared to be in the account of the plaintiff, whereas the land measuring 3.14 Hectares of Khasra No.392 may be declared in the account of the defendant/petitioner, Khema Ram.

(3.) Mr. Moti Singh, learned counsel for the petitioner/defendant submitted that the suit was registered by the learned revenue court below on 08.08.2013 and the next date was fixed on 05.09.2013 awaiting service of the summons on the defendant/petitioner, however, before 05.09.2013, on 14.08.2013, the case was taken up by the revenue court below i.e. the S.D.O., Nokha on the application filed by the plaintiff/respondent No.3, Chetan Ram under Sec. 212 (2) of the Act of 1955 for appointment of the Receiver and without giving any opportunity of hearing to the petitioner/defendant, on wholly unfounded grounds, the learned S.D.O., Nokha, vide the impugned order dated 14.08.2013 appointed the Receiver for the land in question of Khasra No.391, of which the petitioner/defendant was in peaceful possession ever since the mutual agreement between the parties on 02.02.1983. Being aggrieved by the same, the defendant/petitioner has approached this Court by way of present writ petition under Art. 226 of the Constitution of India.