DINESH MEHTA
Shanti Devi – Appellant
Versus
Indri Devi – Respondent
ORDER
1. Instant writ petition is directed against the order dated 23.09.2021, passed by the Board of Revenue, Ajmer, whereby the learned Board of Revenue had dismissed petitioners' revision petition that was filed under Section 230 read with Section 221 of the Rajasthan Tenancy Act, 1955 against the order dated 09.03.2021, passed by the learned Revenue Appellate Authority.
2. Petitioners' revision petition was dismissed by the Board as according to the Board revision was not maintainable against an interlocutory order passed by the Revenue Appellate Authority.
3. Mr. Mehta, learned counsel for the petitioners invited Court's attention towards the order dated 17.08.2021, passed by the Board of Revenue in another Revision (T.A No.3424/2021) and submitted that in identical circumstances, the Board of Revenue has not only entertained the revision petition but has granted interim relief in said matter and, therefore, learned member of the Board of Revenue was not legally justified in holding petitioners' revision petition to be not maintainable.
4. Mr. RJ. Punia, learned counsel for the respondents, on the other hand, without prejudice to his contention that revision petition is not mainta
The court affirmed that revisions against interlocutory orders can be maintainable under certain circumstances, and emphasized the importance of timely adjudication in tenancy disputes.
The court reinforced the necessity of adhering to procedural remedies in legal disputes to ensure proper judicial functioning.
Revisions under the Rajasthan Tenancy Act are maintainable only against final decisions; interim orders do not constitute 'decided cases'.
A revision petition against an ex-parte ad-interim stay order is not maintainable if an appeal is available under the relevant legal provisions.
A revision petition before the Board of Revenue is not maintainable when an appeal provision is available. An aggrieved party can either move the appellate court or approach the same court which pass....
Revision under Section 230 of the Rajasthan Tenancy Act, 1955 applies only to final orders, not interim orders.
The Board of Revenue has the power to set aside the judgment and decree if it finds that the review petition was wrongly dismissed by the lower court.
Revision – Law mandates maintainability of revision petition only in a “decided” case by subordinate revenue court where no appeal lies and secondly, on the ground of jurisdictional error committed b....
Revision petitions against ad-interim orders are not maintainable under Section 230 of the Rajasthan Tenancy Act, as such orders are not 'decided cases'.
Revision petitions under Section 230 of the Rajasthan Tenancy Act are not maintainable against interim orders, which are not final adjudications, reinforcing the distinction between revisional and ap....
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