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NUPUR BHATI
State Of Rajasthan, Through Tehsildar – Appellant
Versus
Raju, S/o. Devilal Bhil Gameti – Respondent
ORDER :
1. These Civil Writ Petitions have been preferred claiming for the following reliefs:-
In S.B. Civil Writ Petition No. 5965/2021:-
I. by an appropriate writ, order or direction, the impugned order dated 20.12.2017 (Annex.4) passed by the Board of Revenue and judgment dated 07.10.2013 (Annex.2) passed by Revenue Appellate Authority Chittorgarh (Camp Udaipur) may kindly be quashed and set aside.
II. by an appropriate writ, order or direction the order dated 28.06.2013 (Annex.1) be restored.
III. Any other appropriate writ, order or direction this Hon’ble Court considers just and proper in the facts and circumstances of this case, may kindly be passed in favour of the petitioner.
IV. Cost of the writ petition may kindly be awarded to the petitioner.”
In S.B. Civil Writ Petition No. 2087/2021:-
I. by an appropriate writ, order or direction, the impugned order dated 11.10.2017 (Annex.4) passed by the Board of Revenue and judgment dated 07.10.2013 (An
District Collector is not empowered to review his own order as there is no provision of law available which permits him to do so.
The legal principle established is the authority of the Board of Revenue to allow revision petitions and remand matters for further consideration.
existence of an alternative remedy whether adequate or not, does not alter the fundamentally discretionary nature of the High Court’s writ jurisdiction and, therefore, does not create an absolute bar....
Point of law: Re-opening of case - Mainly because there is change in the position of law by virtue of decisions rendered by this Court or by the Hon'ble Apex Court, the cases which have attained fina....
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