The court affirmed that revisions against interlocutory orders can be maintainable under certain circumstances, and emphasized the importance of timely adjudication in tenancy disputes.

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 maintainable, submitted that since appeal filed by the respondents (his clients) is pending consideration before the Revenue Appellate Authority, instead of deciding the issue as to whether revision filed by the petitioners against an interlocutory order is maintainable or not, the Revenue Appellate Authority itself be directed to dispose of the pending appeal expeditiously.

5. In view of the submissions made and considering that the appeal filed by the respondents No.l to 4 against the interlocutory order dated 25.01.2021, granted by the Assistant Collector is still pending before the Revenue Appellate Authority, the present writ petition is disposed of with the direction to the Revenue Appellate Authority to decide the said appeal (No.14/2021) expeditiously, preferably before 31.12.2021.

6. Both the parties are directed to appear before the Revenue Appellate Authority on 22.11.2021.

7. The date given by the Revenue Appellate Authority shall stand modified accordingly.

8. On the next date i.e. 22.11.2021 or any other convenient date to be fixed by the Revenue Appellate Authority, the appeal will be heard and decided in accordance with law.

9. Till the appeal is decided, the parties shall maintain status-quo in relation to title and record of the disputed land.

10. Stay petition also stands disposed of accordingly.