Honble KAURANI, C.—The facts in brief, are that the Additional Tehsildar, Bijoliya found Chunni Lal and Nathu Lal excavating mineral from the Government land without any permission from the Collector or any other authority. As the excavation of mineral was made from the government land as such proceedings were instituted under Section 89(7) of the Rajasthan Land Revenue Act, 1956 (hereinafter referred to as the LR Act) and penalty was imposed. Against the above noted order, the aggrieved party went in appeal before the Revenue Appellate Authority, Bhilwara who rejected the appeals. The second appeals ere filed before the Board of Revenue for Rajasthan, Ajmer, which were allowed and the order of both the courts below were set-aside.

2. Being aggrieved of the above noted order of the Board of Revenue, the State Government filed writ petition No.3504/98 and 3498/98. The Honble High Court disposed of the writ petitions observing that the review petition may be filed before the Board of Revenue as a result of which the two review petitions LR/46/99/Bhilwara and LR/51/99 Bhilwara came up for decision before the Single Bench of the Board of Revenue.

3. The learned Government Advocate argued

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