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2002 DIGILAW 1967 (RAJ)

Shivcharan v. State of Rajasthan

2002-12-18

S.C.SINGHAL

body2002
SINGHAL, Member –The applicants have filed this application under Section 9 of the Rajasthan Land Revenue Act, 1956 (In short ``the Act) for setting aside the allotment order dated 18.3.99 passed by Dy. Secretary, Revenue (Group-III) Department, Rajasthan, Jaipur. (2). I have heard the learned counsel for the applicants as well as non-application and have gone through the record. (3). Section 9 of the Act has given the Board the power of general superintendence over all subordinate courts in the same manner as the High Court has under Article 227 of the Constitution, but this power is restricted by use of expression ``subject to the other provisions of the Act. The words ``Subject to the other provisions of the Act may have been used to limit jurisdiction of the Board and where the alternate remedy by way of appeal or revision etc. is available, the extraordinary jurisdiction of the Board under Section 9 of the Act cannot be invoked. (4). The applicants have challenged the allotment order dated 18.3.99 and the remedy is available to the applicants by way of appeal. When the remedy by way of appeal is available, then there seems to be no special ground of invoking the powers under Section 9 of the Act. (5). The applicants have not filed the copy of the impugned allotment order. They have only produced mutation No. 364 dated 9.6.94 attested on the basis of so-called allotment order. The copy of the mutation cannot be used as the copy of the allotment order. It is only a follow up action of the allotment order. Since the copy of the allotment order has not been filed by the applicants, therefore, this application is not maintainable on this ground also. (6). In the result, the application is dismissed. Pronounced in the open court.