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2026 Supreme(Online)(Raj) 13279
HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
Anuroop Singhi, J
DALURAM S/O MALARAM DHANAK – Appellant
Versus
JAGRAM SINGH – Respondent
S.B. Civil Writ Petition No. 7493/2026
Important Points
Subject
Civil - Revenue Law
Headnote
Issues: Whether the Board of Revenue can grant a stay on a decree while simultaneously holding that the appeal against the order is not maintainable.
For the Appellants/Petitioners: Tapeshwar Pal Singh Parmar
For the Respondents:
| Table of Content |
|---|
| 1. challenge to a board of revenue order that stayed a decree despite declaring the appeal non-maintainable. (Para 1) |
| 2. argument that a stay cannot be granted if the underlying appeal is held to be not maintainable. (Para 2 , 3) |
| 3. court's interim direction to issue notice and stay the operation of the board of revenue's order. (Para 4 , 5 , 6 , 7) |
Order
1. The present writ petition has been filed against the order dated 24.02.2026 (Annexure-4) passed by the learned Board of Revenue, Rajasthan, Ajmer (BOR) in Revision/T.A./1751/2026/District-Jhunjhunu titled as Jagram & Ors. Versus Daluram & Ors., vide which while declining to entertain the appeal filed against the order dated 13.02.2026 passed by the Revenue Appellate Authority (RAA), Sikar, on the ground of the same being not maintainable, in the same breath, the judgment and decree dated 23.12.2025 passed by the Sub-Divisional Officer (SDO), Chirawa, District Jhunjhunu, has been stayed for a period of one month from the date of passing of the order.
2. Mr. Tapeshwar Pal Singh Parmar, learned counsel for the petitioner, submits that once the learned BOR has declined to entertain the appeal on the ground of the same being not maintainable, it was not at all open for it to pass an interim order, so as to stay the effect and operation of the judgment and decree dated 23.12.2025 passed by the SDO, Chirawa.
3. Learned counsel further submits that though the interim order was confined to a period of one month, however, on account of the said order being passed, the subordinate authorities are not at all proceeding with the order.
4. Taking note of the above, issue notice to the respondents, returnable within six weeks, both by ordinary process as well as registered process.
5. Notices be given dasti as well to the learned counsel for the petitioner.
6. List the matter on 10.07.2026.
7. In the meanwhile and till further order, the effect and operation of the order dated 24.02.2026 (Annexure-4) passed by the learned Board of Revenue, Rajasthan, Ajmer, in Revision/T.A./1751/2026/District-Jhunjhunu shall remain stayed.
