HIRA Vs. BOARD OF REVENUE FOR RAJASTHAN

JUDGEMENT

(1.) This writ application has been filed by the petitioners under Art. 226 of the Constitution of India, for challenging the validity of the order of the Revenue Board dated 10-9-63 ( Ex. 4 ), whereby they have been punished for civil contempt on account of disobedience of the Revenue Board's order dated 12-10-62 which was confirmed on 31-10-62.

(2.) The facts giving rise to it are as follows Shokin Shah, who is respondent No. 2 before this Court filed a suit in the Court of the Assistant Collector, Kishangarh, for permanent injunction.

(3.) It was averred by him that in village Sargaon, Tehsil Kishangarh he was cultivating field khasra No. 112 as a tenant for a number of years. About a month before the date of the suit which was filed on 11-1-62, when he went to his field in order to cultivate it, the defendants restrained him and did not permit him to plough it. It was alleged that the defendants wanted to take possession of the field forcibly and so it was prayed that they should be restrained by a permanent injunction from cultivating the field or causing any obstruction to the plaintiff.