1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR O R D E R S.B. CIVIL WRIT PETITION NO.6626/2008 (Hardas Ram Vs. State of Raj. & Ors.) Date of order : 11.9.2008 P R E S E N T HON'BLE MR. JUSTICE GOPAL KRISHAN VYAS Mr. S.S. Rathore, for the petitioner. Heard learned counsel for the petitioner. It is contended by learned counsel for the petitioner that the land in question is part of khatedari land of joint Hindu family. The petitioner Hardas Ram S/o Prahalad Ram, Sumari wife of Prahald Ram, Harchand Ram, Budha Ram are joint khatedar of the land in question. The contention of the petitioner is that there is no partition arrived at in between with regard to said land and without confirming the correct part of the land, the respondent No.4 filed an application for donating his portion for the purpose of construction of Community Hall but in fact still he cannot say that he is owner of the part portion of the land in question. Therefore, without determination of the portion of the land of respondent No.4, no sanction can be issued, so also, no construction of 2 the Community Hall can be made. The petitioner before approaching this Court has filed a representation before the Chief Executive Officer, who has passed an order dated 13.8.2007 (Annexure-2) and without deciding the said representation, the respondents are going to construct the Community Hall. In this view of the matter, the Chief Executive Officer, Zila Parishad, Jodhpur is directed to decide the representation of the petitioner within a period of fifteen days from the date of production of certified copy of this order while considering all the grounds raised in the representation by the petitioner and providing him opportunity of hearing. With the aforesaid observation/direction, the writ petition is disposed of. Till decision by the Chief Executive Officer, Zila Parishad, Jodhpur upon the representation filed by the petitioner, status quo shall be maintained by the parties in respect of the land in question. (GOPAL KRISHAN VYAS), J. arun