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2014 Supreme(Raj) 2109

ALOK SHARMA
Moti Bhawan Grah Nirman Sahakari Samiti Ltd. – Appellant
Versus
Harphool Khatik – Respondent


For the Petitioner.:Lokesh Sharma, Advocate.
For the Respondent:Deepak Sharma and Rajesh Moondia, Advocates.

JUDGMENT

1. - This writ petition purporting to be both under Articles 226 and 227 of the Constitution of India impugns the judgment dated 17-1-2012 passed by the Divisional Commissioner Jaipur whereby the appeal filed by the respondent-appellants (hereinafter `the respondents') under Section 90-B (7) of the Rajasthan Land Revenue Act, 1956 (hereinafter `the 1956 Act') has been allowed and the judgment dated 12-4-2010 passed by the Authorised Officer Zone-6, Jaipur Development Authority Jaipur under Section 90-B of the 1956 Act has been set aside.

2. Heard learned counsel for the petitioner as also respondents and perused the impugned order dated 17-1-2012 as also the underlying order dated 12-4-2010 passed by the authorised officer under Section 90-B of the 1956 Act.

3. Counsel for the petitioner has submitted that albeit the Divisional Commissioner as an appellate authority in respect of order under Section 90-B (5) of the 1956 Act passed by an authorised officer has the power to set aside the said order, yet such power has to be exercised according to well known principles and standards in law. As the appellate authority, the Divisional Commissioner, is under a duty to deal with th









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