Disposed

Nand Singh v. Bhoo Swami and Ors.

Rajasthan HC15 Jan 2018CW/5854/2010

Case brief

AI extract

What is this about?

This petition challenged revenue orders regarding land allotment. The Court held the petition infructuous as it was superseded by a fresh order passed earlier, which is currently under appeal before the Board of Revenue. The case was disposed of with observations.

What did the court decide?

Writ petition disposed as infructuous; rights governed by pending appeal regarding subsequent order of Additional District Collector.

Nand Singh Vs Bhoo Swami and Ors. — Property and Title | Rajasthan HC (2018)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Civil Writ Petition No. 5854 / 2010

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Nand Singh s/o Jagannath Singh, Age 48 years, B/c Rajput, R/o Nainwa, District Bundi.

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----Petitioner

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Versus

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Bhoo-Swami Through Tehsildar, Nainwa, District Bundi.

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State of Rajasthan through Collector, Bundi.

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The Executive Officer, Nagar Palia, Nainwa, District Bundi.

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Chairman, Nagarpalika, Nainwa, District Bundi.

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The Sub-divisional Officer, Nainwa, District Bundi.

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The Revenue Appellate Authority, Kota

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The Board of Revenue, Ajmer.

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----Respondents

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For Petitioner(s) : Mr.Deepak Swami

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For Respondent(s) : Mr.Dharmendra Pareek, AGC

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HON'BLE MR. JUSTICE M.N.BHANDARI Judgment

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15/01/2018

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By this writ petition, a challenge is made to the order dated 16^th November, 2005 passed by the Revenue Appellate Authority so as the order dated 02^nd February, 2010 passed by the Board of Revenue.

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Learned counsel submits that without cancellation of the allotment of land to the petitioner, it was recorded in the name of the Municipal Board, Nainwa. The order aforesaid was challenged, but, the prayer made by the petitioner was not accepted. In view of the above, the impugned orders deserve to

(2 of 3)

[CW-5854/2010]

be set aside.

Learned counsel for the respondents submits that this Court passed a detailed order on 31^st October, 2015 dealing with the issues and, therein, the earlier order dated 13^th January, 2015 was also referred. The Court found that an ex-parte order was passed against the petitioner and even his defence was not considered. This Court thus directed the Additional District Collector, Bundi to pass a fresh order after providing an opportunity of hearing to the petitioners. Pursuant to the order of this Court, the Additional District Collector, Bundi passed a fresh order after providing an opportunity of hearing to the petitioner. It is adverse to him, thus was challenged further before the Revenue Appellate Authority and on dismissal of the appeal, before the Board of Revenue. In view of the above, the impugned order has been superseded by the fresh order of the Additional District Collector, Bundi thus the writ petition has become infructuous. The pending appeal before the Board of Revenue would govern the parties, as an appeal is now pending before it.

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In view of the above, what is going to govern is the final outcome of the appeal pending before the Board of Revenue and the subsequent order, if challenged by either of the parties before this Court hence the present writ petition has become infructuous, but, it is disposed of with the observation that the impugned order is superseded by the subsequent order passed by the Additional District Collector, Bundi pursuant to the direction of this Court thus rights of the parties would be governed by final outcome of the litigation arising out of the fresh order passed by

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(3 of 3)

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[CW-5854/2010]

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the Additional District Collector, Bundi and is presently pending

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before the Board of Revenue.

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(M.N.BHANDARI) J.

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Preeti, PA/30

Nand Singh v. Bhoo Swami and Ors.

Case brief

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Nand Singh v. Bhoo Swami and Ors.

Case brief

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