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1978 Supreme(Raj) 82

M.L.JOSHI, M.C.JAIN
Karan Singh – Appellant
Versus
State – Respondent


Advocates Appeared:
L.R. Mehta, for Petitioner in writ petition No 1276 of 1969; H.M. Pareekh, for Petitioners in remaining writ petitions; M.D. Purohit, Additional Government Advocate.

JOSHI, J —In these six writ petitions each of the petitioners seek to challenge the impugned judgment of the Board of Revenue passed in each case and pray for quashing the impugned judgment in respective cases.

2. Each of the petitioners had obtained decree in his favour which was not appealed against and the decree became final. Despite appeals having not been filed against the respective decree the Collector made reference under sec. 232 of the Rajasthan Tenancy Act, hereinafter called the Tenancy Act for setting aside the decrees passed in various suits in favour of the respective petitioners. The Revenue Board entertained the reference and set aside the respective decrees. It is in these circumstances that the petitioners challenge the judgment of the Revenue Board in these cases and pray for quashing the same.

3. The petitioners have challenged the judgment of the Revenue Board amongst other on the ground that neither the Collector was competent to make a reference under sec. 232 for setting aside the decree nor the Revenue Board was competent to entertain such reference under sec. 232 of the Tenancy Act. As this point of law is common to all the writ petitions, the petitions ar























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