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2021 Supreme(Raj) 77

MAHENDAR KUMAR GOYAL
Ramdayal S/o Suwalal – Appellant
Versus
State of Rajasthan – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. Jai Prakash Gupta with Mr. Naresh Gupta

ORDER :

1. This writ petition has been filed against the order dated 09.09.2019 passed by the Board of Revenue, Rajasthan, Ajmer (for brevity “the Board”) whereby, the application filed by the petitioners under Section 65 (2) of the Rajasthan Land Revenue Act, 1956 (hereinafter referred to as “the Act of 1956”), has been dismissed.

2. Assailing the order impugned, learned counsel for the petitioners submitted that the Board erred in failing to appreciate that service of notices sent to them through registered post was deemed to be sufficient only on account of acknowledgment receipt not being received back. He submitted that in absence of any evidence to show that the notices sent through registered post were, as a matter of fact, actually served upon them, no presumption of service could have been drawn. He, therefore, prayed for quashing the order dated 09.09.2019.

3. Heard learned counsel for the petitioners and perused the record.

4. The order impugned reveals that notices of the reference were sent to the petitioners through registered post with acknowledgment due and when neither the petitioners appeared in pursuance thereof nor the acknowledgment receipt was received back, the B

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