NARAIN Vs. BOARD OF REVENUE

JUDGEMENT

(1.) INSTANT petition is directed against order of Board of Revenue dt.08.08.2013 vacating the interim order and rejecting the application filed by the petitioner u/S 212 of Rajasthan Tenancy Act,1955 ( "Act "). However, it was further observed that the opinions expressed, inferences reached & observations given by the Board of Revenue while exercising revisional jurisdiction may not influence in any manner the judgment of the trial court or other courts on merits in disposal of the suits/appeals filed by the parties pertaining to the disputed land.

(2.) THE facts in brief which are relevant for the present purpose are that Narayan (deceased), father of the petitioner, instituted a revenue suit no.217/1991 (Narayan Vs. State of Rajasthan and Ors.) under sections 88 and 188 of the Act,1955 before the Sub Divisional Officer, Kishangarh for declaration of khatedari rights and permanent injunction with regard to the subject land bearing khasra no.1452/1 and 1452/2 situated in Kishangarh and along with the suit the petitioner also filed a misc. application no.141 of 1991 for injunction under section 212 of the Act, restraining the defendants from interfering in the use and occupation of the petitioner plaintiff over the subject land in question.

(3.) SINCE the Municipal Council, Kishangarh was not party to the suit and injunction was certainly operating against the Municipal Council, application was filed under Order 1 Rule 10 CPC for its impleadment on 20.12.1991 and it has been informed to this Court that the applicant Municipal Council, Kishangarh was impleaded as party defendant but the order of injunction passed by the SDO, Kishangarh dt.03.05.1991 admittedly opportunity of hearing to the Municipal Council, Kishangarh was not afforded and their rights are adversely affected by the order of injunction dt.03.05.1991. The added defendant Municipal Council, Kishangarh filed appeal before the revenue appellate authority which was rejected vide order dt.05.07.2001 and further observed that if the added defendant Municipal Council, Kishangarh was dissatisfied, it had liberty to address in the pending suit but at the same time was not inclined to interfere in regard to order of status quo passed by the revenue court dt.03.05.1991 and that came to be challenged by the added defendant Municipal Council, Kishangarh by filing a revision petition before the Board of Revenue under section 230 of the Act and the Board of Revenue after hearing the parties observed that after the revenue court recorded a finding that the petitioner plaintiff failed to satisfy regarding prima facie case and balance of convenience in his favour and the application was logically rejected, there was no justification for the learned revenue court to further exceed and taking note of the principles of natural justice order of status quo, was not in the interest of justice and against the settled principles of law and observed that if the party fails to prove prima facie case to go for trial, the further consideration regarding balance of convenience, irreparable loss and injury may not be relevant for grant of injunction, at the same time further observed that the fact which came on record that khasra no.1450, 1451 and 1452/1 as per revenue records were classified as Charagah and khasra no.1452/2 measuring 315.02 bighas was recorded as Abadi in the name of Municipal Council and these entries in the revenue records by order of the District Collector for setting apart 315.02 bighas of land situated in khasra no.1452/2 in favour of Municipal Council, Kishangarh in the year 1976 was never assailed by the petitioner and apart from it Sec.16 of the Act prohibits from conferring khatedari rights over pasture land and taking note thereof, while setting aside the orders dt.03.05.1991 and 05.07.2001 observed that the opinions expressed, inferences reached and observations given by the Board of Revenue while exercising revisional jurisdiction may not influence in any manner the judgment of the trial court or other courts on merits in disposal of the suits/appeals filed by the parties pertaining to the land which is subject matter of challenge in the instant writ petition.