The court is examining whether a remand order based on the alleged lack of notice for a site inspection is sustainable when the petitioner claims notice was provided and the objection was raised for the first time before the Board of Revenue.

Order

1. The present writ petition has been filed by the petitioner being aggrieved by the order dated 08.04.2026 (Annexure-10) passed by the learned Board of Revenue (BOR) Rajasthan, Ajmer, in Revision/T.A./2024/7426/Bundi, titled as Prahlad versus Dinesh Soni, vide which the orders dated 02.05.2024 passed by the SDO, Lakheri, District Bundi, and 01.10.2024 passed by the Revenue Appellate Authority, Kota, have been set aside and the matter has been remanded back to the SDO, Lakheri, Bundi with a direction to call for the site report from the Tehsildar after informing both the parties, with respect to the land in question situated at Village Lakheri, Tehsil Indergarh, District Bundi, and to decide the matter within a period of one month thereafter.

2. Mr. Sameer Sharma, learned counsel for the petitioner submits that the sole basis on which both the orders dated 02.05.2024 and 01.10.2024 have been set aside by the learned BOR is that while conducting the site inspection, no prior notice was issued to respondents No.1 to 7 and therefore, such an ex-parte site inspection report can not be relied upon.

3. Learned counsel for the petitioner submits that on a bare perusal of the order sheets of the SDO, Lakheri, Bundi, more particularly, the orders dated 21.12.2023 and 06.03.2024 makes it evident that the directions to conduct the site inspection were issued to the Tehsildar, Indergarh, in presence of all the parties and even a specific order sheet was drawn to take the site inspection report on record and thus, there was no basis for the respondents to state that the site inspection was carried out in their absence and without informing them.

4. Learned counsel further submits that no objection with respect to the said non-issuance of notice was ever raised by the respondents either before the SDO, Lakheri, Bundi, or before the RAA, Kota, and that such objection was raised only for the first time before the learned BOR, which ought to have been rejected. However, the same has been made the basis for setting aside the orders dated 02.05.2024 and 01.10.2024.

5. Taking note of the aforesaid submissions, issue notice to the respondents, returnable within four weeks. Notice be also sent through registered post in addition to the normal process.

6. Notice be given 'dasti' to learned counsel for the petitioner.

7. List the matter on 08.07.2026.

8. Till the next date, the effect and operation of the order dated 08.04.2026 (Annexure-10) passed by the learned Board of Revenue Rajasthan, Ajmer, in Revision/T.A./2024/7426/Bundi shall remain stayed.