D.B.Civil Special Appeal(W) No.540/08 (Jethia vs. Habat Singh & Ors.) Date of Order:- 18th August,2008. HON'BLE THE CHIEF JUSTICE MR.NARAYAN ROY HON'BLE MR.JUSTICE SANGEET LODHA Mr.B.N.Calla,for the appellant. None present for the respondents. This appeal is directed against the judgment dated 7.9.06 passed by the learned Single Judge, whereby the writ petition preferred by the petitioner assailing the validity of order dated 31.5.93, passed by the Sub Divisional Officer, Jalore has been rejected. Admittedly, the order of this Court referred to in the order dated 31.5.93 relates to the vacation of the ad interim order passed by the Division Bench of this Court on 8.10.90 staying the further proceedings before the learned Sessions Judge as regards the criminal trial of the writ petitioners in respect of the complaint lodged inter alia by the appellant herein. The learned Sub Divisional Officer simply on the basis of the vacation of the interim order passed by the Division Bench could not have ordered for dispossession of the petitioner more so, when the civil suit with regard to the possession of the land is pending before the court of competent jurisdiction. The learned Single Judge has found that the Sub Divisional Officer, Jalore had no jurisdiction to dispossess the petitioner from the land in question and resume it to government or deliver the possession of respondent nos. 4 and 5 in the writ petition or to confer rights with reference to vacation of interim order which will only result in continuance of criminal proceedings. Obviously, the rights of the parties regarding the title or possession over the land shall be decided in the suit pending before the court of competent jurisdiction. Therefore, while passing the order impugned dated 31.5.93, the learned Sub Divisional Officer, Jalore has acted absolutely without jurisdiction. We find no error in the order impugned passed by the learned Single Judge. In the result, the special appeal is rejected. (SANGEET LODHA),J. (NARAYAN ROY) CJ. Aditya/-