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2008 DIGILAW 865 (RAJ)

Ramdeo & Anr. v. State of Rajasthan

2008-03-25

VINEET KOTHARI

body2008
Honble KOTHARI, J.—Heard learned counsels. 2. This writ petition is directed against the interlocutory order passed by the learned Additional Collector, Deedwana on 20th February, 2008 (Annex.6) in appeal filed by one Mr. Manjoor Ali vs. Ramdev & Ors. against the order of Tehsildar dated 13th of February, 2008. 3. By the said order, the Additional Collector has stayed the operation of the order passed by the Tehsildar on 13.2.2008 till the next date fixed by him on 5.3.2008. The learned counsel informed that now the next date fixed is 28th March, 2008. 4. The learned counsel for the petitioners submits that the Tehsildar was justified in holding in faovur of the present petitioners vide order dated 13.2.2008 upon an application filed under Section 183-B of the Rajasthan Tenancy Act and in pursuance of the said order, the possession was also given to the petitioners on 5.2.2008. 5. These submissions are vehemently opposed by the learned counsel for the respondents, who submitted that the respondent No.5 purchased the said land in question way back in the year 1952 and since then it is in his possession and presently the mining operation are being undertaken on the said land. In the alternative they submitted that since the matter is pending before the Additional Collector, Deedwana, he may be directed to decide the said appeal within stipulated time frame and since the matter has already been listed on 28th March, 2008 upon an application for early hearing filed by the present petitioners only, the said Additional Collector may be directed to decide the said appeal within the stipulated time frame. 6. In the facts and circumstances of the case, since the petitioners have approached this Court against the interlocutory order passed by the Additional Collector, Deedwana on 20th February, 2008, it appears just and proper to direct the said authority to decide the appeal filed before him within a period of two months from today after giving an opportunity of hearing to both the parties. For a period of two months, the status quo of the property in question as it exists today shall be maintained. 7. The writ petition is accordingly disposed of.