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2000 DIGILAW 906 (RAJ)

Kishan Lal v. Board of Revenue

2000-07-26

B.J.SHETHNA

body2000
JUDGMENT 1. - Though served, no one appears for the respondents.Heard the learned counsel for the petitioner.The Assistant Collector, Jalore, after hearing the parties, ordered to implead the petitioners as party respondents in the suit No. 24/80 filed by Arjun Singh vide order dated 23.11.1992 (Annex. 5). Against that order, Arjun Singh and others filed revision No. 40/93 before the Board of Revenue which was allowed on 4.11.1996 (Annex. 6) and the impugned order dated 23.11.1992 (Annex. 5) impleading the petitioners as party to the suit No. 24/80 was set aside. 2. This order is challenged by the petitioners by way of this petition. 3. From the impugned order at Annex. 5, it is clear that the petitioners were found to be proper and necessary parties for correct adjudication. Therefore, they have been impleaded as defendants in the suit. 4. In that view of the matter, it was not proper on the part of Board of Revenue to interfere in its revisional jurisdiction and set aside that order. 5. The reasons given by the Board of Revenue in its impugned order is wholly unsustainable. Therefore, this petition is required to be allowed. 6. In view of the above, this petition is allowed, the impugned order dated 4.11.1996 passed by the Board of Revenue filed by Arjun Singh and others is hereby quashed and set aside and the order dated 23.11.1992 (Annex. 5) passed by the Assistant Collector, Jalore is restored. 7. Stay petition is also disposed of.Writ allowed. *******