- (1.) This petition has been filed challenging the order dated 16.12.2011, passed by the Board of Revenue, Ajmer whereby in exercise of the power under Section 230 of the Rajasthan Tenancy Act, 1955 the Board of Revenue has upheld the order dated 13.07.2011 passed by the Revenue Appellate Authority (hereinafter 'RAA') upholding the decision of the Assistant Collector passed on 26.03.2009 directing, on an application for temporary injunction in a suit for declaration and permanent injunction, that during the pendency of the suit, the defendants (herein the petitioners) would be restrained from alienating the disputed land falling in khasra Nos.241 and 242 situated in village Rajarampura, Tehsil Amer, District Jaipur and from changing the nature of the land and record pertaining thereto.
(2.) Heard the counsel for the petitioners and perused the impugned order.
(3.) This petition has been filed against an interim order passed by the revenue authorities on the consideration of the material before them in relation to the disputed land. In any event of the matter, the order of injunction does not restrain the petitioners-defendants from using the disputed land which is claimed to be in their ownership and is in their possession. The order of injunction has been passed in the aid of the final order inasmuch as during the pendency of the suit, if the lands in issue were to be alienated or third party right created, it could effectively entail a denial of relief to the respondent-plaintiff or at least otherwise create multiplicity of proceedings. I find no error in the impugned order 16.12.2011 passed by the Board of Revenue and therefore the petitioners-defendants have no case to invoke the extra ordinary jurisdiction of this Court under Article 226 of the Constitution of India against an interim order alone.;