JUDGEMENT
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(1.) This writ petition under Article 226 /227 of the Constitution of India has been preferred claiming the following reliefs:
"1. The impugned judgment/order dated 05.07.2017 (Annexure-P/20) passed by Civil Judge (JD) Sanchore (Respondent No.3) in Civil Misc. connected (41) No.01/2017, may kindly be declared illegal and quashed and set aside.
2. The impugned judgment/order dated 13.10.2017 (Annexure-P/22) passed by the learned Additional District Judge, Bhinmal (Respondent No.1) in Civil Misc. Appeal No.08/2017, may kindly be declared illegal and quashed and set aside.
3. That impugned notice dated 15.09.2017 (Annexure-P/23) issued in cm case No.37/2017 issued by learned CJ (JD) Sanchore (Respondent No.3) in civil misc. connected case No.01/2017, may kindly be declared illegal and same may be quashed and set aside.
4. That resolution (priority No.159 in the shelf of works for the financial year 2016-17) of Gram Panchayat Etada (Respondent No.4 and 5) to construct road from Ram Lal Ki Dhani to Kesh Nath Ki Dhani Etada under MNREGS through the impugned land Khasra No.317 and 318 belonging to the petitioners be quashed and set aside qua the land of petitioners. (Annexure-P/5)
5. That the order dated 27.04.2016 passed by programme officer cum Vikas Adhikari Panchayat Samiti Chitalwana (Respondent No.6) and by respondent No.12 by which impugned gravel road have been sanctioned to be passing over the impugned land of the petitioners has been sanctioned, may kindly be quashed and set aside qua the land of the petitioners. In alternate if land of the petitioners is required by the respondents No.4 to 11, adequate compensation may be given to the petitioners before entering the impugned land of the petitioners. (Annexure-P/6).
6. That the proceeding in civil suit No.14/2017 (Annexure-P/14) pending in the court of civil Judge (SD), Sanchore, (Respondent No.2) may kindly be declared illegal and be quashed and set aside.
7. That in alternate proceeding in civil suit No.14/2017 (Annexure-P/14) pending before respondents No.2 Senior Civil Judge Sanchore in this civil suit be kept in abeyance till final decision in the revenue suit (Annexure-P/10) pending in the court of assistant collector, Chitalwana and revision pending before Board of Revenue for Rajasthan at Ajmer as well as any consequential proceeding initiated/taken in pursuance of said Judgments/orders dated 05.07.2017, 13.10.2017 and 15.09.2017 and further, may also be declared illegal and quashed and set aside.
8. That if any other order direction/action is passed taken during the pendency of writ petition prejudicial to the interest of the petitioners, the same also be kindly called for and be declared illegal and be quashed and set aside.
9. Any other relief order or direction which this Hon'ble Court deems just and proper in the facts and circumstance of the case may kindly be passed in favour of the petitioners.
10. The cost of the writ petition may kindly be awarded to the petitioner."
(2.) At the outset, learned counsel for the petitioners submits that he shall maintain this writ petition only for challenge to the impugned orders.
(3.) The petitioners claim to be in possession of the land bearing old khasra No.307 measuring 3.35 hectares and in new khasra No.317 and 318 measuring 0.01 hectare and 3.34 hectares respectively situated at Village Etada, Tehsil Chitalwana, District Jalore.;
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