MOHAN SINGH Vs. DALPAT SINGH

JUDGEMENT

(1.) THIS appeal under Section 18 of the Rajasthan High Court Ordinance, 1949 aims at over -setting the order dated May 4, 1983 of the learned Single Judge, by which the appellants' writ petition under Article 226 of the Constitution, was dismissed.

(2.) THE appellants (plaintiffs in the revenue suit) instituted revenue suit No. 94/82 in the court of Section D.O., Kapasan, district Chittorgarh against the respondents No. 1 to 3 (defendants in the revenue suit) for declaration in respect of certain agricultural lands situated in village Saumi, Tehsil Rashmi, district Chittorgarh and also for grant of permanent prohibitory injunction restraining respondent No. I to 3 from interfering in any manner with their possession over the aforesaid land and also from alienating the same. The S.D.O. issued an ex -parte interlocutory injunction on December 10, 1982 restraining respondents No. 1 to from interfering with the possession of the appellants. He ordered for the issuance of the notices to respondents No. 1 to 3 for final disposal of the appellants' application for grant of temporary injunction. Respondent No. 1 Dalpat Singh appeared on Jan. 17, 1983 but the case was adjourned on that day, as the other two respondents No. 2 and 3 were not served. Respondent No. 1 did not file any reply on January 17, 1983. On that day, the S.D.O. was also out of station on tour on account of 'Rajaswa Abhiyan'. The case was adjourned to March 4, 1983 as agreed to by the parties. Respondents No. 1 to 3 submitted an application before the Board of Revenue for Rajasthan, Ajmer (for short 'the Board') under Section 233 of the Rajasthan Tenancy Act (No. III of 1955) (hereinafter referred to as 'the Act') on January 27, 1983 for transferring Revenue Suit No. 94 of 1982 pending in the court of SDO, Kapasan to any other revenue Court situated outside the area of jurisdiction of Revenue Appellate Authority, Udaipur. At that time Shri Narpat Singh was posted as Revenue Appellate Authority, Udaipur. It was stated in the application that Shri Narpatsingh was interested in the suit and he was exercising undue influence over the SDO, Kapasan in favour of the appellant. Notice of the transfer application was issued by the Board to the appellants. The appellants filed reply to the transfer application on February 17, 1983. In support of that, affidavit of appellant No. I Mohansingh was also filed. The transfer application was resisted on various grounds. The Board directed the SDO, Kapasan to send his comments on the transfer application. The SDO, Kapasan sent his comments on the transfer application vide Ex. 3 dated February 14/16, 1983. The SDO controverter the allegations relating to undue influence having been exercised by Shri Narpatsingh, the Revenue Appellate Authority, Udaipur on him. The Board, by its order Ex. 4 dated March 22, 1982 transferred Revenue Suit No. 94 of 1982, pending in the court of SDO, Kapasan to the court of SDO, Ajmer. The appellants filed the writ petition in this Court for quashing the order Ex.4 dated March 22, 1983 of the Board. The learned single Judge dismissed the writ petition by his order dated May 4, 1983. Hence this appeal by the appellants.

(3.) LARNED Counsel for the parties stated that the appeal may be finally disposed of at the orders stage.