Santsharan S/o Babu v. Ramchandra S/o Jugla, (Since Deceased)
2021-04-05
PRAKASH GUPTA
body2021
DigiLaw.ai
ORDER : 1. This writ petition under Article 227 of the Constitution of India has been filed by the petitioners against the judgment dated 13.9.2019 passed by Board of Revenue, whereby it dismissed the appeal filed by the petitioners against the judgment dated 21.7.2015 passed by the Divisional Commissioner, Bharatpur in Appeal No. 59/2013, by which he while allowing the appeal filed by the respondents set aside the order dated 3.9.1991 passed by SDO, Bharatpur, and remanded the matter to SDO with a direction to decide the matter afresh on merits on the basis of fresh Mauka report and comparison of the previous khasra numbers and present khasra numbers, after giving opportunity of hearing to the parties concerned. 2. Facts of the case are that father of the petitioners filed an application for correction of entries in revenue record, which was allowed by SDO Bharatpur vide order dated 3.9.1991 and entries in the revenue record were ordered to be corrected. Aggrieved by the said order dated 3.9.1991 passed by SDO Bharatpur, the respondents filed an appeal before Divisional Commissioner, Bharatpur, who vide his judgment dated 21.7.2015 while allowing the appeal filed by the respondents, set aside the order dated 3.9.1991 passed by SDO, Bharatpur, and remanded the matter to SDO with a direction to decide the matter afresh on merits on the basis of fresh Mauka report and comparison of the previous khasra numbers and present khasra numbers, after giving opportunity of hearing to the parties concerned. The petitioners filed an appeal under Section 76 readwith Section 9 of the Rajasthan Land Revenue Act before Board of Revenue, Ajmer. 3. The Board of Revenue vide its judgment dated 13.9.2019 dismissed the appeal. Hence, this writ petition. 4. Learned counsel for the petitioners submits that the respondents filed an application under Section 136 of the Land Revenue Act, 1956 before SDO, Kumher, which came to be dismissed vide order dated 18.5.2018, but the said order was not challenged by them and instead they filed a suit under Section 88, 89 and 188 of the Rajasthan Tenancy Act in which the petitioners were not impleaded as party. The respondents filed an appeal before the Divisional Commissioner in the year 2013 challenging the order dated 3.9.1991 passed by SDO, Bharatpur. Despite the fact that the appeal was filed after 22 years delay, the Divisional Commissioner allowed the appeal and remanded the matter.
The respondents filed an appeal before the Divisional Commissioner in the year 2013 challenging the order dated 3.9.1991 passed by SDO, Bharatpur. Despite the fact that the appeal was filed after 22 years delay, the Divisional Commissioner allowed the appeal and remanded the matter. He submits that once the proceedings under Section 136 of the Land Revenue Act had already been decided, there was no necessity to remand the matter again for the said purpose. However, the Board of Revenue has passed the impugned judgment without considering the aforesaid facts. Thus, the impugned judgments passed by the Board of Revenue and Divisional Commissioner are liable to be quashed and set-aside. 5. Heard. Considered. 6. The Divisional Commissioner remanded the matter on the ground that the order dated 3.9.1991 was passed by SDO Bharatpur without hearing the petitioners and directed the SDO to decide the matter after giving opportunity of hearing to the parties concerned. The Board of Revenue while dismissing the appeal filed by the petitioners referred Section 136 of the Land Revenue Act, 1956 and Rule 26-A of the Rajasthan Land Revenue (Survey, 7. Record and Settlement) (Government) Rules, 1957, under which a notice is required to be given to the parties concerned. 8. The findings arrived at by the Board of Revenue are just and proper. 9. This writ petition has been filed under Article 227 of the Constitution of India. The power under Article 227 of the Constitution is to be exercised in cases of jurisdictional error, apparent perversity, patent illegality or manifest injustice, which is not the situation here in this case. 10. For the aforesaid reasons, this writ petition fails and the same is hereby dismissed. Consequently, stay application and all pending application, if any, also stand dismissed.