State of Rajasthan v. Parvati Devi W/o Late Shri Ram Chandra
2017-11-01
GOVIND MATHUR, VINIT KUMAR MATHUR
body2017
DigiLaw.ai
JUDGMENT : 1. This appeal is presented to question correctness of the judgment dated 15.03.2016 passed by a Single Bench of this Court in S.B Civil Writ Petition No. 5648/2004 (Ramchandra S/o Sh. Gulabchand Nai v. The District Collector, Hanumangarh). As per office, the appeal is not competent as no certified copy of the judgment impugned has been filed. 2. Learned Additional Advocate General submits that he will obtain and file certified copy at earliest. In view of the fact that a Photostat copy of the order impugned is already available on record, we have looked into merits of the case. 3. From perusal of the facts, it reveals that the Collector, Hanumangarh while exercising the revisional powers set aside a sale deed executed by the Municipal Board in favour of respondents. Learned Single Bench by relying upon a judgment of this Court in Municipal Council, Pali v. State of Rajasthan (S.B Civil Writ Petition No. 7572/2006) reported in (2013) 4 RLW 3341 (Raj.) held that a registered sale deed could have not been set aside in revisional jurisdiction. We do not find any wrong with the finding arrived by learned Single Bench. It is well settled that a registered sale deed should have been set aside only by way of a decree of a Civil Court and not otherwise. In view of whatever stated above, we are not inclined to grant further time to respondents to place certified copy of the order impugned on record. 4. The appeal is dismissed.