RADMAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This Miscellaneous petition under Section 482, Cr. P.C., is directed against the order of the learned AddI., District & Sessions Judge No. 2, Ajmer, dated 29.7.199 1, whereby he has rejected the revision petition of the petitioner an the ground that it is an interlocutory order.

(2.) The impugned agricultural land bearing khasra numbers 835, 836, 837,838,839,293 and 473 in village Dang in Tehsil Kishangarh measuring 48 Bighas, is the Khatedari land of Shri Dev Narain Ji Maharaj and it was Khudkast of Shri Dev Narainji Maharaj since Samvat 1752, through its pujaris. The seva-puja of the temple is performed by respondents No. 2 and 4, and their ancestors since inception when the temple constructed. The impugned agricultural land is attached with the aforesaid temple. It was in the possession of the non-petitioners who are performing seva-puja of the temple. Mainly the Gurjar Community is the worshippers of Shri Dev Narainji Maharaj but the Pujaris of the temple are fats. In 1990, the petitioners have applied for the registration of a trust of the temple alongwith the attached land, under the Rajasthan Public Trust Act, 1959. Objections were invited and, thereafter Assistant Commissioner, Devasthan Department allowed the application for registration of the trust under the Rajasthan Public Trust Act, 1959. Against that order the respondents have filed the appeal which is still pending. After the registration of the Trust, Shri Radmal became the President of the Trust and the steps were taken for auctioning the agricultural land of the Trust for the agricultural year starting June/July, 1990 by issuing a public notice for auction of the impugned land, the non-petitioners No. 2 and 4 filed a civil suit for permanent injunction, in the Court of Munsiff and Judicial Magistrate, Kishangarh alongwith the application for grant of temporary injunction. The learned Munsiff and Judicial Magistrate vide order dated 9th January, 1990, has ordered that status-quo be maintained. The non-petitioners have also filed a suit in the Revenue Court and also an application under Section 242 of the Rajasthan Tenancy Act. Meanwhile a report has also been lodged to the SHO, P.S. Arrai on 8th November, 1990 In consequent of that application, the SHO, P.S. Arrai filed a complaint in the Court of the SDM who initiated proceedings under Section 145 and 146, Cr. P.C. and appointed the Tehsildar as receiver.

(3.) The petitioners then filed Revision in the Court of learned Sessions Judge, Ajmer and vide his order dated 7th January, 1991, he set aside the order of the SDM and remitted the matter back to SDM with a direction to decide the proceedings u/s. 145, Cr. P.C., after hearing the petitioners also. Before hearing both the parties, as there was imminent danger of breach of peace over the possession of the land in question, the SDM has again attached the land in question and this time the SHO of PS Arrai has been appointed as Receiver of the land in question vide order dated 24.6.1991. That order has been again challenged by the petitioners in the court of learned AddI. District & Sessions Judge. Learned AddI, District and Sessions Judge has dismissed their revision petition on the ground that it is an interlocutory order, therefore, it is not maintainable under Section 397 of Cr. P.C.