HIGH COURT OF RAJASTHAN (JAIPUR BENCH)
Avneesh Jhingan, J
Lala S/o Bhanwarlal – Appellant
Versus
Krishna Kumar Verma S/o Sh. Hanuman Verma – Respondent
Order :
1. This petition is filed challenging the order dated 08.05.2024 passed by the Board of Revenue, Ajmer (for short 'the Board') entertaining a revision petition against an interim order.
2. The brief facts are that respondent Nos.2 to 4 filed a suit for partition and permanent injunction with regard to properties described in the suit. The Assistant Collector held that the property could not be partitioned as some of the respondents were recorded as Khatedars of the property-in-question. The petitioner along with respondent Nos.36 to 41 (arrayed in this petition) filed an appeal along with an application for interim relief seeking status-quo. The Revenue Appellate Authority passed an interim order dated 20.09.2023. Aggrieved of the interim order, the respondent preferred revision before the Board.
3. Learned counsel for the petitioner submits that the Board erred in entertaining the revision against an interim order.
4. Learned counsel for the respondent submits that an interim order was passed without hearing the respondent and is illegal.
5. Section 230 of the Rajasthan Tenancy Act , 1955 is reproduced herebelow:-
"230. Power of the Board to call for cases-
The Board may call for
Revision under Section 230 of the Rajasthan Tenancy Act, 1955 applies only to final orders, not interim orders.
The Board of Revenue cannot exercise revision powers against interim orders when an appeal is available under the Rajasthan Tenancy Act.
Revisions under the Rajasthan Tenancy Act are maintainable only against final decisions; interim orders do not constitute 'decided cases'.
Revision – Law mandates maintainability of revision petition only in a “decided” case by subordinate revenue court where no appeal lies and secondly, on the ground of jurisdictional error committed b....
Revision petitions against ad-interim orders are not maintainable under Section 230 of the Rajasthan Tenancy Act, as such orders are not 'decided cases'.
Revision petitions under Section 230 of the Rajasthan Tenancy Act are not maintainable against interim orders, which are not final adjudications, reinforcing the distinction between revisional and ap....
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.
A revision petition against an ex-parte ad-interim stay order is not maintainable if an appeal is available under the relevant legal provisions.
A revision petition before the Board of Revenue is not maintainable when an appeal provision is available. An aggrieved party can either move the appellate court or approach the same court which pass....
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