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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
KULDEEP MATHUR
Laxmilal S/o Sh. Manaji Dangi – Appellant
Versus
Daulatram S/o Sh. Unkar Mali – Respondent
| Table of Content |
|---|
| 1. introduction of case and relief sought (Para 1 , 2 , 3) |
| 2. arguments surrounding the ex-parte eviction decree (Para 4 , 6) |
| 3. judicial perspective on the revenue court procedures (Para 5 , 7) |
| 4. legal principles and rationale for dismissal (Para 8) |
| 5. final ruling and outcome (Para 10) |
ORDER :
KULDEEP MATHUR, J.
1. By way of filing the present writ petition under Article 226 of the Constitution of India, the petitioner has prayed for the following reliefs:-
“It is, therefore, most respectfully prayed on behalf of the Petitioner that this Writ Petition may kindly be allowed and by an appropriate writ order or direction:
I. The impugned judgment dated 02.07.2025 (Annex.12) passed by the Learned Board of Revenue, Ajmer in Revision No. /Τ.Α./5887/2019/Udaipur titled as "Laxmilal Vs Daulat Ram & Ors." may kindly be quashed and set aside;
II. The Revision preferred by the petitioner i.e. Revision No. /Τ.Α./5887/2019/Udaipur titled as "Laxmilal Vs Daulat Ram & Ors." (Annex.10) may kindly be allowed in toto;
III. Consequently, the impugned order dated 12.09.2019 (Annex.9) passed by the Learned Assistant Collector and Sub- Divisional Officer, Girva in Revenue Case no. 02/2019 may ki
Judicial review in revenue matters is confined to jurisdictional errors; adequate explanation for delay must be shown for an ex-parte decree to be set aside.
The court reaffirmed that procedural technicalities should not undermine substantial justice, emphasizing that minor delays in filing applications can be justified if satisfactorily explained.
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....
A revision petition against an ex-parte ad-interim stay order is not maintainable if an appeal is available under the relevant legal provisions.
Ejectment orders must follow proper procedure, including adequate hearing and survey, and appeals should be decided on merits rather than technical grounds.
Improper service of notice leading to ex parte proceedings violates natural justice; an appeal can challenge such decrees on merits under statutory rights regardless of procedural lapses.
The Board of Revenue has the power to set aside the judgment and decree if it finds that the review petition was wrongly dismissed by the lower court.
The High Court will not interfere with an order passed by a lower court or tribunal under Article 227 of the Constitution of India if quashing the order would result in restoring an illegal order.
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