Revision under Section 230 of the Rajasthan Tenancy Act, 1955 applies only to final orders, not interim orders.

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 the record of any case decided by any subordinate revenue court in which no appeal lies either to the Board or to a civil court under section 239 and if such court appears- (a) to have exercised jurisdiction not vested in it by law; or (b) to have failed to exercise jurisdiction so vested;

or (c) to have acted in the exercise of its jurisdiction illegally or with material irregularity.

Board may pass such orders in the case as it thinks fit."

6. The language of Section 230 of the Act is unambiguous that the Court can exercise power of revision subject to fulfillment of two conditions: firstly, that the case has been finally decided and secondly, that no appeal lies against the order.

7. The contention of the counsel for the petitioner deserves acceptance that the revision under Section 230 of the Act lies only against the final order and not against an interim order. Consequently, the impugned order passed by the Board is set aside. The writ petition is allowed.

8. Needless to say that the respondent shall be at liberty to avail remedies in accordance with law for redressal of surviving grievance, if any.