VINIT KUMAR MATHUR
N. T. P. C. Renewable Energy – Appellant
Versus
Board of Revenue – Respondent
JUDGMENT
Vinit Kumar Mathur, J.—Heard learned counsel for the parties.
2. Briefly noted facts of the present writ petition are that the petitioner was allotted land for establishment of a 500 Mega Watt Solar Power Project in Tehsil Bap, Village Bhadla, by the District Collector, Phalodi on 04.03.2024. However, the private respondent filed a revenue suit under Section 212 of the Rajasthan Tenancy Act before the Court of Sub-Divisional Officer, Bap.
3. The learned Court of Assistant Collector, Bap, vide order dated 25.11.2024, refused to grant ad-interim injunction in favour of the private respondent. Aggrieved by the order dated 25.11.2024 the private respondent preferred an appeal before the Revenue Appellate Authority, Jodhpur. On 26.11.2024, learned Revenue Appellate Authority granted ad-interim injunction directing the petitioner to maintain the status quo regarding the land in question. Against the said injunction order, the petitioner filed a Revision Petition before the Board of Revenue, Ajmer, which was dismissed on 20.12.2024 without addressing the factual position or the submissions made by the petitioner. Hence, the petitioner-company has preferred this writ petition to c
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 petitions against ad-interim orders are not maintainable under Section 230 of the Rajasthan Tenancy Act, as such orders are not 'decided cases'.
Revisions under the Rajasthan Tenancy Act are maintainable only against final decisions; interim orders do not constitute 'decided cases'.
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....
Revision under Section 230 of the Rajasthan Tenancy Act, 1955 applies only to final orders, not interim orders.
The court affirmed that revisions against interlocutory orders can be maintainable under certain circumstances, and emphasized the importance of timely adjudication in tenancy disputes.
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.
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.
The court reinforced the necessity of adhering to procedural remedies in legal disputes to ensure proper judicial functioning.
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