Sundar Lal And Others vs Basant Kumar And Others

Vinit Kumar Mathur, J

Heard learned counsel for the parties.

The present writ petition has been filed with the following prayers:-

“1. By an appropriate writ order or direction in the nature of Certiorari, the impugned order dated 03.10.2023 passed by the Board of Revenue Ajmer in revision T.A. No.4177/2023/ District Bhilwara titled as Basant and others V/s Suresh Mali and others as also the Order dated 04.07.2023 passed by the Sub Divisional Officer, Gangapur District Bhilwara in Case No.91/2023 (Annexure-5) titled as Basant Kumar V/s Suresh Mali may kindly be declared illegal and be quashed and set aside; and

The order dated 12.07.2023 passed in Appeal No.112/2023 by Revenue Appellate Authority, Bhilwara may kindly be upheld; and

That without prejudice to the foregoing prayers and in the alternate, it is prayed that the Impugned Order dated

07.2023 passed by the Sub Divisional Officer, Gangapur (Annexure-5) may kindly be modified by directing the status quo with regard to the Khasra No.6736 (0.12 hectare) and 6737 (0.19 hectare) at Sahada, Gangapur, Bhilwara be maintained during the pendency of the Revenue Suit No.118/2011 pending before the same Court.”

Learned counsel for the parties, however, are in agreement that they will be satisfied if the Suit No.118/2011 pending before the Sub Divisional Officer, Gangapur is decided at the earliest.

Learned counsel for the parties are further in agreement that till the suit is decided, the interim order granted by this Court on 12.10.2023 may be allowed to continue.

In view of the submissions made before this Court, the present writ petition is disposed of with a direction to the respondent No.6- Sub Divisional Officer, Gangapur, District Bhilwara to decide the pending Suit No.118/2011 within a period of two months from the date of receipt of certified copy of this order, strictly in accordance with law.

Till the respondent No.6 decides the suit No.118/2011, the interim order granted by this Court on 12.10.2023 shall remain in currency.

Stay petition as well as other pending misc. applications, if any, shall stand disposed of.