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2017 Supreme(Raj) 2748

M.N.BHANDARI
Suraj Narain Sharma – Appellant
Versus
Authorized Officer, Zone-13, Jaipur Development Authority – Respondent


Advocates Appeared:
Mr. Anil Mehta, Advocate, for the Petitioner; Mr. Hemant Sogani, Advocate, for the Respondent

JUDGMENT

M.N. Bhandari, J. - By this writ petition, a challenge is made to the order dated 2nd April, 2013 passed by the competent authority under Section 90A of the Rajasthan Land Revenue Act, 1956 (for short "the Act of 1956") apart from the order dated 2nd August, 2017 passed by the Divisional Commissioner dismissing the appeal.

2. Learned counsel for respondent has raised objection about maintainability of the writ petition. It is stated that remedy under Section 83 of the Act of 1956 is available thus writ petition for challenge to the order having concurrent finding of fact may not be accepted. He made reference of judgment of the Division Bench of this court in the case of Sheela Kothari (Smt.) vs. Board of Revenue & Ors., reported in 2013(1) RRT 482 where a challenge to the similar order was made before the Board of Revenue by invoking Section 84 of the Act of 1956. It was held maintainable.

3. Learned counsel for petitioner has contested the issue raised by learned counsel for respondent about maintainability of the writ petition. As per Section 90A(9) of the Act of 1956, the order passed therein is treated as final. The only remedy is of appeal and having availed, now reme

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