VINIT KUMAR MATHUR
Bhakhara Ram – Appellant
Versus
State of Rajasthan – Respondent
ORDER
Vinit Kumar Mathur, J. - Heard learned counsel for the petitioner.
2. The present writ petition has been filed against the interim order dated 27.12.2023 passed by learned Board of Revenue in Revision Petition No.6591/2023 (Dhanna Ram V/s Bhakhara Ram).
3. Briefly the facts necessary to be narrated are that the petitioner preferred an application under section 251-A of the Rajasthan Tenancy Act, 1956 which was allowed by the Assistant Collector & Sub Divisional Officer, Sewda District Barmer vide his order dated 01.08.2023. Against the order dated 01.08.2023, the respondent Nos.2 & 3 Dhanna Ram and Pema Ram preferred an appeal before the Revenue Appellate Authority, Barmer. The Revenue Appellate Authority vide its order dated 13.12.2023 rejected the appeal filed by the private respondents. Aggrieved against rejection of appeal, the private respondent Dhanna Ram preferred a Revision Petition before the Board of Revenue, Ajmer. Learned Board of Revenue while issuing notices on 27.12.2023 called for the record and also ordered for maintaining status quo with respect to the land in question. Hence, aggrieved against the same, the petitioner has preferred the present writ petition be
The court reinforced the necessity of adhering to procedural remedies in legal disputes to ensure proper judicial functioning.
The court affirmed that revisions against interlocutory orders can be maintainable under certain circumstances, and emphasized the importance of timely adjudication in tenancy disputes.
Revision under Section 230 of the Rajasthan Tenancy Act, 1955 applies only to final orders, not interim orders.
Revisions under the Rajasthan Tenancy Act are maintainable only against final decisions; interim orders do not constitute 'decided cases'.
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....
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....
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....
Timely resolution of pending appeals and stay applications to prevent implementation of previous orders.
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.