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HIGH COURT OF RAJASTHAN (JODHPUR BENCH)
MR. JUSTICE VINIT KUMAR MATHUR, J
HEERARAM – Appellant
Versus
BANNARAM – Respondent
ORDER :
(VINIT KUMAR MATHUR, J.)
Heard learned counsel for the parties.
2. The present writ petition has been filed against the order dated 12.03.2024 passed by the Board of Revenue, whereby, an interim order granted by the Revenue Appellate Authority on 17.04.2023 has been stayed.
3. Learned counsel for the parties are in agreement that the matter may be remanded back to the Assistant Collector, Balotra for deciding afresh after giving opportunity of hearing to the petitioners.
4. Learned counsel for the respondent (plaintiff) submits that the Assistant Collector Balotra may be directed to decide the suit proceedings expeditiously and no further notice may be issued for securing the presence of the petitioners.
5. Learned counsel for the petitioners submits that the petitioners will appear before the Assistant Collector, Balotra on 03.03.2025 and thereafter as and when the date fixed by him.
6. Learned counsel for the respondents also submits that the respondent will also appear on the said date and will join the proceedings.
7. In view of the submissions made before this Court, the order dated 12.03.2024 passed by the Board of Revenue, the order dated 17.04.2023 passed by the Revenue App
The court emphasized the necessity for expeditious proceedings in long-pending cases and remanded the matter for a fresh hearing.
The court emphasized the necessity for timely resolution of temporary injunction applications while maintaining the status quo regarding the land in question.
The court allowed the petitioners to withdraw their petition, reserving the right to challenge the Collector's order while extending interim relief until 28.02.2025.
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.
Point of law: Protection of possession - specific instances given in writing in the memo of appeal to point out that in few cases, enormous delay is condoned by the very authority, but the same has n....
The court established that remand requires a clear finding of necessity for retrial, which must be justified by the appellate authority.
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