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2017 DIGILAW 1769 (RAJ)

Balu Ram Jat v. Board of Revenue for Rajasthan at Ajmer

2017-08-08

NIRMALJIT KAUR

body2017
JUDGMENT : Nirmaljit Kaur, J. The petitioner was allotted the land in question way back on 04.07.1999 and the allotment order was also issued on 19.07.1999 along with possession, which was taken over by the petitioner on 21.07.1999. However, an appeal was filed by the respondent No.5 Laxman Das son of Shri Suraj Das against the order of allotment. The appeal filed by the respondent No. 5 was allowed vide order dated 25.09.1999 by the Revenue Appellate Authority. Aggrieved against the same, the petitioner filed a revision petition before the Board of Revenue, which too was dismissed on 18.10.2003. 2. During the pendency of present writ petition filed by the petitioner Balu Ram against the order passed by Revenue Appellate Authority as well as Board of Revenue, a compromise has been arrived at between the petitioner and the respondent No.5. 3. An application under Order 23, Rule 3 CPC has been moved for deciding the writ petition in the light of compromise entered into between the petitioner and the respondent No. 5. 4. Mr. G.S. Saraswat, appearing on behalf of respondent No. 5, does not dispute the compromise and states that he has no objection, in case, the writ petition is allowed in favour of the petitioner on account of compromise arrived at between the parties. He also verifies the compromise deed dated 26.02.2007 placed on record along with the application. 5. Learned counsel for the respondent-State too submits that he has no objection, if the writ petition is allowed in terms of the compromise subject to payment of dues towards allotment along with interest. 6. In view of application supported by an affidavit as well as compromise, which is admitted by learned counsel for the respondent No.5, the present writ petition is allowed. The order dated 18.10.2003 (Annex.5) passed by Board of Revenue as well as the order dated 25.09.1999 (Annex.4) passed by Revenue Appellate Authority are set aside. The respondents shall not interfere in the peaceful possession of the petitioner and both the parties shall be bound by the compromise. However, the same is subject to the payment of dues by the petitioner towards allotment along with interest @ 9% per annum within a period of 30 days from today.