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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
NUPUR BHATI
Husain Khan, S/o Merdeen Khan – Appellant
Versus
Mange Khan, S/o Hothi Khan – Respondent
| Table of Content |
|---|
| 1. factual background of tenancy dispute (Para 2 , 3 , 4 , 5) |
| 2. arguments regarding the maintainability of revision petition (Para 6 , 8) |
| 3. court's analysis of revisional jurisdiction (Para 7) |
| 4. legal principles governing revision vs. appeal (Para 10) |
| 5. conclusion and order by the court (Para 11) |
Order :
NUPUR BHATI, J.
1. Heard learned counsel for the parties.
2. Briefly stated, the facts of the present writ petition are that the petitioners are Khatedar-tenants and co-sharers of agricultural land comprising Khasra Nos. 280, 280/1, 281, 283, 352/3, and other adjoining parcels situated in Village Imam Nagar, Tehsil Phalsund, District Jaisalmer. The said land contains ancestral residential structures, water tanks, and cattle sheds, and the petitioners have remained in continuous, settled possession and use of these lands for several decades. Respondent No. 1, Mange Khan, who is having and in possession adjacent land bearing Khasra No. 634/349 filed an application (Revenue Application No. 73/2025) before the SDO/Assistant Collector, Bhaniyana, seeking the grant of a new access path under Section 251 -A of the Rajasthan Tenancy Act, 1955. The petitioners appeared before t
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....
Revisions under the Rajasthan Tenancy Act are maintainable only against final decisions; interim orders do not constitute 'decided cases'.
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 – 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 under Section 230 of the Rajasthan Tenancy Act, 1955 applies only to final orders, not interim orders.
The revisional authority can exercise powers to rectify injustices despite delays, particularly in cases of documented fraud and jurisdictional excesses under the Orissa Estate Abolition Act.
The revisional authority under the Bihar Tenant’s Holdings (Maintenance of Records) Act has a narrower jurisdiction than that of an appellate authority, and disputes regarding title must be resolved ....
Writ jurisdiction emphasizes adherence to statutory remedies; extraordinary relief is not warranted when remedies are available and pending.
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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