The court reinforced the necessity of adhering to procedural remedies in legal disputes to ensure proper judicial functioning.

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 before this Court.

4. Learned counsel for the petitioner vehemently submitted that the petitioner will have to undergo lengthy procedure to have the interim order dated 27.12.2023 granted by learned Board of Revenue vacated, therefore, the writ petition filed by the petitioner may be entertained by this Court. He further submits that there are concurrent findings in favour of the petitioner which clearly show that the revenue authorities have rightly allowed the application preferred by the petitioner under section 251A of the Act, 1956. He further submits that after the first appellate court's order, the private respondent has dug pits along the path prepared by the revenue authorities following the order dated 01.08.2023 passed by Sub Divisional Officer and order dated 13.12.2023 passed by the Revenue Appellate Authority. It is also contended that during the pendency of the revision petition, the private respondents are endeavoring to thwart the orders passed by the Assistant Collector and Revenue Appellate Authority. He, therefore, prays that present writ petition may be entertained and the interim order dated 27.12.2023 passed by learned Board of Revenue, Ajmer may be quashed and set aside.

5. I have considered the submissions made at the bar and also gone through the relevant record of the case including the impugned order passed by learned Board of Revenue.

6. The Board of Revenue, vide its order dated 27.12.2023, issued notices on the revision petition filed by the private respondents and also requisitioned the records from the courts below. At the same time, the Board of Revenue ordered for maintaining status quo with regard to the land in question and its revenue records. The petitioner, instead of attempting to get the interim order vacated by filing an appropriate application before the Board of Revenue, has approached this Court by way of filing the present writ petition. The same is nothing but to bypass the remedy available under the law and the procedure provided therein.

7. On a pointed query raised by this court to the learned counsel appearing for the petitioner as to whether any application has been filed by the petitioner before the Board of Revenue for vacation of the interim order along with the reply to the revision petition, he replied that it is going to take a long time in getting the notices served and therefore, instead of taking recourse of filing reply to the revision petition along with an application for vacation of the interim order, the petitioner has directly approached this court by way of filing the present writ petition.

8. This court is of the view that the procedure provided under the rules cannot be short-circuited while entertaining the present writ petition. Since, the Board of Revenue is ceased with the matter and