Petitioner challenged non-execution of a revenue court decree. Court held it lacks authority to direct revenue execution, directing petitioner to approach Board of Revenue.
Direction to approach Board of Revenue under Section 9 of Rajasthan Land Revenue Act, 1956.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
S.B. Civil Writs No. 23501/2018
Banay Singh S/o Shri Natthi Singh, Aged About 76 Years, R/o Village Mai Gurjar, Teh. And Distt. Bharatpur (Raj.)
----Petitioner
Versus
----Respondents
For Petitioner(s) : Mr. Rajeev Kumar Sogarwal, Adv. For Respondent(s) :
HON'BLE MR. JUSTICE ASHOK KUMAR GAUR
Order
29/11/2018
Mr. Rajeev Kumar Sogarwal, counsel for the petitioner has submitted that in spite of judgment & decree dt.26.03.2002 passed by the Assistant Collector, Bharatpur in revenue suit, the execution of decree has not taken place so far. Learned counsel for the petitioner has submitted that the execution application has been filed and the same is still pending before the Tehsildar, Bharatpur.
Learned counsel has submitted that the Assistant Collector, Bharatpur had also written letter at one point of time to Tehsildar, Bharatpur to make necessary entries in revenue record as per the order dt.26.03.2002 but no effective steps have been taken and the judgment & decree is not executed.
(2 of 2)
[CW-23501/2018]
Learned counsel has submitted that suitable direction may be given by this Court to make necessary correction in the revenue record as per the judgment & decree dt.26.03.2002.
This Court can’t issue such kind of direction as sought in the writ petition. This Court further finds that if the authorities/revenue authorities are not following the orders and not implementing the judgment & decree, the petitioner has an effective remedy to approach the Board of Revenue under Section 9 of the Rajasthan Land Revenue Act, 1956. The Section 9 of the Rajasthan Land Revenue Act, 1956 gives power to the Board of Revenue to have general superintendence and control over the revenue Courts and over the revenue Officers.
The present writ petition is disposed of by giving direction to the petitioner to approach the appropriate forum to seek redressal of the grievance.
Accordingly the present writ petition stands disposed of.
(ASHOK KUMAR GAUR),J
A.Kumar/158
2 issues framed by the court
Whether this Court can issue direction to revenue authorities to execute a judgment and decree.
What appropriate remedy lies if revenue authorities fail to execute a court decree.
1 provisions across 1 enactments
Banay Singh
State Of Rajasthan
Gram Panchayat Chichana
Ashok Kumar Gaur
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
