// 1 // IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR ORDER IN S.B. Civil Writ Petition No.2587/2002 Radhey Shyam S/o Shri Ladu Ram and Another Versus Board of Revenue, Rajasthan, Ajmer and Others Date of Order ::: 16.05.2008 Present Hon'ble Mr. Justice Narendra Kumar Jain Shri Tanveer Ahmed, Advocate, for Shri Bhanwar Bagri, Counsel for petitioners Shri M.M. Ranjan, Advocate, and Ms. Manju Dave, Addl. Govt. Counsel for respondents #### By the Court:- Heard learned counsel for the parties. The land, in dispute, was earlier in the name of Chhagan Lal and, after his death, mutation entry was made in the name of his wife Mst. Ram Pyari. Thereafter Mst. Ram Pyari also died and mutation entered in the name of her legal heirs i.e. the respondents No.6 to 9. The mutation entry was challenged by the petitioners by way an appeal, which was dismissed by the Additional Collector, First, Jaipur. Thereafter, further appeal was preferred before the Divisional Commissioner, Jaipur, who set- aside the order of the Additional Collector and cancelled the mutation No.2 dated 23rd May, 1998 and Mutation No.5 dated 13th July, 1998, however, he directed that the mutation proceedings will remain stayed. The said order of Divisional Commissioner was challenged by legal representatives of Chhagan Lal before the // 2 // Revenue Board by way of revision. The Revenue Board allowed the revision petition setting-aside the order of the Divisional Commissioner and restored the order of the Additional Collector. The said order is under challenge in this writ petition. The learned counsel for the respondents raised an objection that the petitioners have already filed a suit for declaration in respect of their rights in the disputed land on the basis of so-called entry in the revenue record in Samvat year 2012 and simultaneously also filed the appeal against mutation opened in the name of respondents. This fact has not been disputed by the learned counsel for the petitioners and he prays that the writ petition may be disposed of with a direction that this mutation entry will be subject to a judgment which will now be passed by the Revenue Court in a regular suit. After considering the submissions of learned counsel for both the parties and, as agreed by them, the writ petition is disposed of with a direction that the disputed mutation entries will be subject to final decision of the competent Court in a regular suit. The costs is made easy. (Narendra Kumar Jain) J. //Jaiman// // 3 // IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR ORDER IN S.B. Civil Misc. Stay Application No.2357/2002 In S.B. Civil Writ Petition No.2587/2002 Radhey Shyam S/o Shri Ladu Ram and Another Versus Board of Revenue, Rajasthan, Ajmer and Others Date of Order ::: 16.05.2008 Present Hon'ble Mr. Justice Narendra Kumar Jain Shri Tanveer Ahmed, Advocate, for Shri Bhanwar Bagri, Counsel for petitioners Shri M.M. Ranjan, Advocate, and Ms. Manju Dave, Addl. Govt. Counsel for respondents #### By the Court:- In view of the order passed in the writ petition itself, the stay application, filed therewith, also stands disposed of. (Narendra Kumar Jain) J. //Jaiman//