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2021 Supreme(Raj) 75

MAHENDAR KUMAR GOYAL
Phoola Devi W/o Shri Matadeen – Appellant
Versus
Gyarsa Son Of Shri Chhotelal – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. Virendra Singh Yadav
For the Respondent: Mr. Gaurav Gupta

ORDER :

1. This writ petition under Article 227 of the Constitution of India has been filed against the order dated 10.08.2020 passed by the Board of Revenue, Rajasthan, Ajmer (for brevity “the Board”) whereby, the revision petition filed against the order dated 18.05.2018 passed by the Assistant Collector, Behror, Alwar allowing the temporary injunction filed by the petitioner-plaintiff, has been allowed and the matter was remanded back for decision afresh.

2. Learned counsel for the petitioner submitted that the Board erred in entertaining the revision petition inasmuch as an appeal under Section 230 of the Rajasthan Tenancy Act, 1955 (hereinafter referred to as “the Act of 1955”) lies before the Revenue Appellate Authority against the order impugned dated 18.05.2018 passed by the Assistant Collector, Behror, Alwar in exercise of its jurisdiction under Section 212 of the Act of 1955. Learned counsel submitted that the Board further erred in passing the order without issuing notices to the petitioner and without calling the record from the learned trial Court. Referring the ad-interim order dated 22.03.2017 passed by the trial Court in her application under Section 212 of the Act of

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