The Board of Revenue cannot set aside judicial decrees under Section 221 of the Rajasthan Tenancy Act, as this power is administrative and not judicial.

Order :

ANOOP KUMAR DHAND, J.

1. By way of filing this writ petition, a challenge has been led to the impugned award dated 20.12.2001 passed by the Board of Revenue (hereinafter referred to as “Board”) by which the reference application filed under Section 221 of the Rajasthan Tenanct Act, 1955 (hereinafter referred to as “the Act of 1955”) by Additional Collector, Dudu against the judgment and decree dated 13.12.2015 has been allowed and the aforesaid judgment has been quashed and set-aside.

2. Learned counsel for the petitioner submits that the petitioners filed a suit for declaration and permanent injunction claiming his rights over the property in question before the court of Assistant Collector, Dudu and the same was allowed vide judgment and decree dated 13.12.1995 and the petitioner was declared as Khatedar of the property in question. Learned counsel submits that instead of assailing the aforesaid judgment by way of filing an appeal before the Appellate Authority, a reference was sent to the Board for quashing the aforesaid judgment. Learned counsel submits that in such like matters, reference application under Section 221 of the Act of 1955 is not maintainable before the Board as this issue has been decided by the Division Bench of this Court in the case of Surendra Singh & Others Versus Kisturi & others reported in 2009 (2) RRT 1094. Learned counsel submits that, under these circumstances, interference of this Court is warranted.

3. Per contra, learned counsel for the respondents opposed the arguments raised by learned counsel for the petitioner and submits that land in question is a pasture land which cannot be claimed by anyone but the Additional Collector, Dudu has passed a wrong judgment declaring the petitioner as Khatedar of the said land. Learned counsel submits that, under such circumstances, the judgment passed by the Additional Collector was assailed by the respondent-authorities by way of filing reference application under Section 221 of the Act of 1955 before the Board and the Board has rightly allowed the said application and rightly set-aside the judgment and decree dated 13.12.1995, hence under these circumstances, interference of this Court is not warranted.

4. Heard and considered the submissions made at Bar and perused the material available on the record.

5. Perusal of the record indicates that the petitioners filed a suit for declaration and permanent injunction against the State before the Court of Assistant Collector, Dudu claiming himself as Khatedar tenant of the land in question. The said suit was decreed vide judgment dated 13.12.1995 and the petitioner was declared as Khatedar tenant of the property in question.

6. It appears that after passing of the order, reference application was submitted under Section 221 of the Act of 1955 before the Board challenging the validity of the judgment and decree dated 13.12.1995.

7. Now the question remains for consideration of this Court is whether the reference application under Section 221 of the Act of 1955 was maintainable against the judgment and decree dated 13.12.1995 passed by the Assistant Collector?

8. The issue involved in this petition has already been set at rest by the Division Bench of this Court in the case of Surendra Singh (supra), wherein it has been held as under:-

“4. At the outset it may be noticed that the Board of Revenue is not a constitutional authority. As per sub- section (6) of section 5 the 'Board' shall mean the Board of Revenue for the State established or constituted under the Rajasthan Board of Revenue Ordinance 1949 or under any other law for time being in force. Turning to the scheme of 1955 Act we find that the Board has inherent powers to call for the record of any case decided by any subordinate revenue court and pass such orders as it thinks fit . These powers which are in addition to the powers of appeal and revision, have been provided by section 230 of 1955 Act, which reads as under:

“230. Power of the Board to call for th