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2016 DIGILAW 126 (RAJ)

Bhura v. LRs of Pyar Chand

2016-01-19

GOPAL KRISHAN VYAS

body2016
JUDGMENT: Gopal Krishan Vyas, J. Heard learned counsel for the parties. 2. In this writ petition, the petitioners have prayed for quashing the judgment dated 28.11.1997 passed by the Board of Revenue, Ajmer in Appeal/Decree/30/92/Chittorgarh whereby while accepting the appeal filed under Section 224 of the Rajasthan Tenancy Act, 1955, the learned Board of Revenue set aside the order dated 9.1.1992 passed by Revenue Appellate Authority, Udaipur Camp Chittorgarh and restored the order dated 11.4.1990 passed by the SDO, Chittorgarh. 3. Learned counsel for the petitioners submits that on the one hand the learned Board of Revenue gave finding that the Revenue Appellate Authority, Udaipur Camp Chittorgarh has not correctly disposed of appeal filed by the purchaser and the same was decided in very cursory manner and on the other hand while quashing the order of Revenue Appellate Authority, Udaipur Camp Chittorgarh and restored the order of SDO, Chittorgarh, if such finding is there than the matter was to be remanded to the Revenue Appellate Authority for deciding afresh in accordance with law. Thus, the Board of Revenue while quashing the order dated 9.1.1992 passed by the Revenue Appellate Authority, Udaipur Camp Chittorgarh and restoring the order dated 11.4.1990 passed by the SDO, Chittorgarh has committed grave error of law, therefore, the judgment impugned may be quashed and set aside and the case may be remanded to the Revenue Appellate Authority, Udaipur Camp Chittorgarh to decide the appeal afresh. 4. Learned counsel for the respondents submits that the order passed by the Revenue Appellate Authority, Udaipur Camp Chittorgarh was not in consonance with the law, therefore, it was duty of the learned Board of Revenue to quash the order passed by the Revenue Appellate Authority, Udaipur Camp Chittorgarh and to restore the order passed by the SDO, Chittorgarh. Therefore, there is no force in this writ petition. Hence, writ petition may be dismissed. 5. After hearing learned counsel for the parties, I have perused the judgment dated 28.11.1997 passed by the Board of Revenue, more specifically para - 8 of the judgment, which reads as under :- "In view of what has been discussed herein above, we find that the learned R.A.A. has not correctly disposed of the appeal preferred by the purchasers and in fact has decided the matter in a cursory way. Thus, we are of the view that the appeal filed by the appellant before this court needs acceptance. In the result, the appeal is accepted and the judgment & decree awarded by the learned R.A.A. dated 6.1.1992 is set aside and that of the judgment & decree awarded by the learned S.D.O., Chittorgarh dated 11.4.90 is restored." 6. After perusing the aforesaid judgment, I am of the opinion that when there is finding of the Board of Revenue that the Revenue Appellate Authority, Udaipur Camp Chittorgarh has decided the appeal in very cursory manner, than, the matter was to be remanded to the Revenue Appellate Authority, Udaipur Camp Chittorgarh for fresh decision. 7. Consequently, the judgment dated 28.11.1997 passed by the Board of Revenue is hereby quashed and set aside and the matter is remanded to the Revenue Appellate Authority, Udaipur Camp Chittorgarh for deciding the appeal afresh strictly in accordance with law within a period of three months from the date of receipt of certified copy of this order. The status quo as it exists today shall be maintained by the parties till disposal of the appeal. 8. The writ petition is disposed of with above directions.