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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
KULDEEP MATHUR
Bhanwar Singh, Son Of Late Shri Khet Singh – Appellant
Versus
Bhom Singh, S/o. Late Shri Bheru Singh – Respondent
| Table of Content |
|---|
| 1. petitioners' claims and reliefs requested. (Para 1 , 2) |
| 2. arguments regarding denial of fair hearing. (Para 3 , 5) |
| 3. procedural irregularities in previous judgments. (Para 4) |
| 4. court's observations on hearing rights. (Para 6) |
| 5. writ petition granted; case remanded. (Para 7) |
Order :
By way of filing the instant writ petition under Articles 226 and 227 of the Constitution of India, the petitioners have prayed for the following reliefs:-
“It is therefore most humbly and respectfully prayed that:-
a) by an appropriate writ, order or direction the writ petition filed by the petitioners/defendant No. 1 may kindly be allowed.
b) by an appropriate writ, order or direction, impugned Judgment dated 30.01.2018 (Annx-21) passed by the learned Board of Revenue, Rajasthan, Ajmer in Appeal/Decree/TA/4723/2015/Jodhpur titled as "Smt. Hawa Kanwar & ors. Vs. Bhom Singh & ors." and the Judgments and Decrees dated 17.07.2015 (Annx-19) passed by the learned Revenue Appellate Authority, Jodhpur in Appeal/Decree/ Jodhpur/ 038/2014 titled as "LR's of Late Kayna Singh & ors. Vs. Bhom Singh & ors." as well as dated 07.05.2014 (Annx-15) passed by the learned Sub-Divisional Officer cum Assistant
A fair hearing is essential in legal proceedings; lack of opportunity renders judgments void and necessitates reconsideration.
The court emphasized the necessity of fair hearing in administrative proceedings, asserting that no party should be condemned unheard, particularly in property disputes.
The central legal point established in the judgment is the importance of not substituting the court's own conclusions for those reached by the lower courts, especially when there are concurrent findi....
Natural justice mandates that parties must be afforded a hearing before their entries are expunged from revenue records, regardless of allegations of fraud.
The Board of Revenue must issue notice to all parties before allowing revision petitions to uphold the principles of natural justice.
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