The court upheld the remand of a case for re-hearing due to the absence of illegality or perversity in the lower court's order.

ORDER :

MANOJ KUMAR GARG, J.

The instant revision petition has been filed by the petitioner against the order dated 31.07.2019 passed by the learned Addl. Sessions Judge No.1, Parbatsar, District Nagaur in Criminal Revision No.117/2017, by which the learned Addl. Sessions Judge has allowed the revision petition filed by the respondents No.2 to 5 while quashing the order dated 27.07.2017 passed by the learned Sub Divisional Magistrate, Parbatsar and remanded the matter to the trial Court for re-hearing the parties and pass a fresh order.

2. Learned counsel for the petitioner submits that the Addl. Sessions Judge No.1 Parbatsar vide order dated 31.07.2019 has wrongly remanded the matter back to the learned Sub Divisional Magistrate, Parbatsar. It is further stated that the revision petition is pending before this Court since 2019 and this court vide order dated 06.09.2019 granted stay order with regard to land in question, which is still in currency. Therefore, the order dated 31.07.2019 may be quashed.

3. Per contra, learned counsel for the State as well as counsel for the respondents No.2 to 5 submit that the impugned order of remanding the matter back for re-hearing the parties is perfectly justified and requires no interference from this Court.

4. I have considered the submissions advanced before me and carefully gone through the material available on record.

5. Since the revisional Court vide order dated 31.07.2019 while considering each and every aspect of the matter, rightly remanded back the matter to the learned Sub Divisional Magistrate, Parbatsar, for re-hearing of both the parties and pass a fresh order and there is no illegality or perversity in the order impugned. Hence, the learned trial Court i.e. Sub Divisional Magistrate, Parbatsar is directed to re-hear both the parties and pass a fresh order in accordance with law preferably within a period of six months from today. It is further ordered that the stay order granted by this Court vide order dated 06.09.2019 with regard to maintain status quo regarding land in question, shall remain in currency till the decision of the trial Court.

6. With the above directions, the present criminal revision petition is disposed of. Stay petition and pending applications, if any, shall also decided accordingly.

7. Record of the case be sent back forthwith.