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HIGH COURT OF RAJASTHAN (JODHPUR BENCH)
NUPUR BHATI
Jyoti D/o Jugal Kishor – Appellant
Versus
State of Rajasthan through The Secretary, Department of Revenue – Respondent
ORDER :
NUPUR BHATI, J.
1. The instant writ petition has been filed by the petitioners with the following prayers:-
“(a) Order dated 27.06.2023 (Annexure-5) read with order dated 17.10.2023 (Annexure-7) passed by the Board of Revenue, Rajasthan, Ajmer may kindly be quashed and set aside.
(b) The impugned action of the respondents may kindly be declared bad in the eye of law.
(c) During the pendency of this petition, if any order is passed or any action is taken against the petitioners prejudicial to their interests, the same may kindly be taken on record and may be quashed and set aside.”
2. Brief facts of the case are that the plaintiffs, Mangalchand (now deceased) and other plaintiffs, filed a suit against defendant- Kisturchand and others under the Rajasthan Tenancy Act and the Rajasthan Land Revenue Act before the Assistant Collector, Bikaner (Case No. 105/2011). The suit was dismissed vide judgment and decree dated 30.12.2011. It later emerged that one of the parties, Suganaram, had expired on 21.01.2008, yet the judgment was passed without bringing his legal heirs on record. The plaintiffs filed a first appeal before the Revenue Appellate Authority, Bikaner (Appeal No. 37/2012), i
An order against a deceased person is a nullity, and legal representatives must substitute the deceased to pursue appeals.
The court emphasized the importance of disclosing all material facts and dismissed the petition due to concealment of material facts and delay.
Point of law: inordinate delay and laches in prosecuting their grievance disentitles them to seek equitable relief under Article 226 of the Constitution of India.
Any decree passed in favor of or against a dead person is a nullity.
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