- (1.) In this writ petition, the petitioner has prayed for quashing order passed by the Board of Revenue dated 13.02.2012 (Annex.-10) passed in revision petition filed by respondent Idan Singh and prayed that order passed by the Sub Divisional Officer, Bali dated 12.09.2011 (Annex.-8) and order dated 22.12.2011 (Annex.-9) passed by the Revenue Appellate Authority may be restored.
(2.) Brief facts of the case are that a suit for permanent injunction under Section 188 of the Rajasthan Tenancy Act was filed by respondent Idan Singh against the petitioners. An application for temporary injunction under Section 212 of the Rajasthan Tenancy Act was also filed along with the suit. In the suit for permanent injunction, it is prayed that land measuring 5.5 hectare in village Barwa Tehsil Bali (District Pali) is in the name of ancestor of petitioners No.1 to 3 and respondent No.4. Various persons have been shown as co-tenants of the said land.
(3.) Before the S.D.O., Bali it is submitted by respondent No.4 that petitioner-defendants are raising permanent construction upon the land which is in joint khatedari. It has also been submitted that upon the said agriculture land plaintiff and defendants are jointly cultivating by turn; but, for last 5 6 years, respondent No.1 is not cultivating the land and petitioners No.2 and 3 are sons of respondent No.1. The temporary injunction application filed by respondent No.4 was dismissed vide order dated 12.09.2011 by the Sub Divisional Officer, Bali (District Pali), against which, an appeal was preferred before the Revenue Appellate Authority, Pali under Section 225 of the Rajasthan Tenancy Act. The Revenue Appellate Authority, Pali dismissed the appeal vide judgment dated 22.12.2011. Respondent No.4 again preferred revision petition before the Board of Revenue, Ajmer under Section 230 of the Rajasthan Tenancy Act and Board of Revenue, Ajmer accepted the said revision petition vide order dated 13.02.2012 and while quashing both the orders passed by the Sub Divisional Officer, Bali and Revenue Appellate Authority, Pali granted interim injunction in favour of respondent No.4 whereby the Board of Revenue directed the petitioner-defendants that they shall not raise any permanent construction upon the land in question till decision of the suit.;