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2013 DIGILAW 2313 (RAJ)

Anada Ram v. B. O. R.

2013-12-18

GOPAL KRISHAN VYAS

body2013
JUDGMENT 1. - Heard learned counsel for the parties. 2. In this writ petition, the petitioners are challenging the validity of the judgment dated 09.09.2011 passed by Board of Revenue, Ajmer whereby the order dated 4.8.2009 in appeal filed before the Revenue Appellate Authority, Jodhpur was set aside on the ground that SDO, Osain decided the suit while framing 11 issues whereas the Revenue Appellate Authority, Jodhpur did not gave issue-wise finding in the judgment and decided the appeal in violation of with Order 41, Rule 31 of CPC. 3. Learned counsel for the petitioners submits that the reason for quashing the judgment of Revenue Appellate Authority, Jodhpur is on the ground that Revenue Appellate Authority, Jodhpur has not decided the appeal while giving issue wise finding then obviously the matter was to be remanded to the Revenue Appellate Authority, Jodhpur but Board of Revenue, Ajmer while quashing the judgment of Revenue Appellate Authority, Jodhpur remanded the case to the S.D.O., Osian, therefore, order impugned is in violation of basic principle of law. 4. The factual aspect of the matter is not in dispute, therefore, the order dated 09.09.2011 passed in Appeal ID No.2009/7716/TA/Jodhpur by the Board of Revenue, Ajmer is hereby quashed and set aside to the extent of remitting the case to the S.D.O., Osian and case is remitted to the Revenue Appellate Authority, Jodhpur for deciding the appeal afresh while giving issue-wise finding after providing opportunity of hearing to both the parties. It is made clear that the Revenue Appellate Authority, Jodhpur shall decide the appeal within three months from the date of receipt of certified copy of this order. Both the parties are directed to appear before the Revenue Appellate Authority, Jodhpur on 27.1.2014.The writ petition is disposed of in above terms.Petition disposed of. *******