The Court allowed miscellaneous applications seeking revival of writ petitions concerning Board of Revenue orders and restored the petitions to their original numbers for hearing on merits.
Writ petitions restored to their original numbers and directed to be listed before the appropriate Bench.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Writ Miscellaneous Application No. 65/2020
Ramu S/o Jagannath, Resident Of Village Rampura Dhaka Wala, Tehsil Phulera, District Jaipur.
----Applicant/Petitioner
Versus
(2 of 18)
[WMAP-65/2020]
Bodulal, R/o Rampura Dhaka Wala, Tehsil Phulera, District Jaipur.
(3 of 18)
[WMAP-65/2020]
(4 of 18)
[WMAP-65/2020]
Tehsil Jaipur Distt. Jaipur.
(5 of 18) [WMAP-65/2020]
(6 of 18)
[WMAP-65/2020]
Connected With
S.B. Civil Writ Petition No. 21797/2019
Versus
(7 of 18)
[WMAP-65/2020]
(8 of 18)
[WMAP-65/2020]
Phulera, District Jaipur.
(9 of 18)
[WMAP-65/2020]
(10 of 18)
[WMAP-65/2020]
(11 of 18)
[WMAP-65/2020]
Phulera, District Jaipur.
----Respondents
S.B. Writ Miscellaneous Application No. 57/2020
Ramu S/o Jagannath, Resident Of Village Rampura Dhaka Wala, Tehsil Phulera, District Jaipur.
----Petitioner
Versus
(12 of 18)
[WMAP-65/2020]
(13 of 18)
[WMAP-65/2020]
District Jaipur.
(14 of 18)
[WMAP-65/2020]
Fatehpura, Tehsil Jaipur Distt. Jaipur.
(15 of 18)
[WMAP-65/2020]
Devi, R/o Rampura Dhaka Wala, Tehsil Phulera, District Jaipur
(16 of 18)
[WMAP-65/2020]
----Respondents
(17 of 18)
[WMAP-65/2020]
| For Petitioner(s) | : Mr. S.N. Kumawat, Adv. (through VC) |
|---|---|
| Mr. Naval Kishore Saini, Adv. | |
| For Respondent(s) | : Mr. Raghavendra Singh Khichi, Adv. |
| Mr. Akshay Sharma, Adv. |
HON'BLE MR. JUSTICE ASHOK KUMAR GAUR
Order
05/10/2021
S.B. W.M.Appl. Nos.65/2020 and 57/2020:-
These miscellaneous applications have been filed by the petitioners for reviving the writ petitions, as the same were dismissed by this Court without going into merits of the matters.
Learned counsel for the petitioners - Mr. S.N. Kumawat submitted that the petitioners had filed the writ petitions challenging the order dated 19.06.2019, passed by the Board of Revenue.
Learned counsel submitted that this Court was informed that the review petition was pending before the Board of Revenue against the order dated 19.06.2019 and as such this Court did not entertain the dispute at this juncture and the parties were advised to take appropriate legal steps after decision of review petition.
Learned counsel submitted that the review petition has been decided by the Board of Revenue vide order dated 20.11.2019.
Learned counsel submitted that the order dated 20.11.2019, passed by the Board of Revenue is subject matter of challenge in S.B. C.W.P. No.21797/2019 [Banshi (died) through his legal heir Vs. Ramu & Ors.]
Learned counsel submitted that since the order dated 20.11.2019 itself is a subject matter of challenge before this Court
(18 of 18)
[WMAP-65/2020]
and as such the writ petitions filed by the petitioners also need to be heard on merits.
Learned counsel appearing for the respondents did not dispute the fact of filing S.B. C.W.P. No.21797/2019.
This Court finds that while passing the order dated 25.09.2019, this Court had observed that the orders which were subject matter of challenge in the writ petitions, do not require adjudication on the merits, as the review petition was already pending before the Board of Revenue.
This Court further finds that this Court had also given liberty to the petitioners to take appropriate legal steps after decision of review petition.
This Court finds that since the order passed in the review petition is itself under challenge and as such the writ petitions filed by the petitioners also required to be heard on merits.
Accordingly, the miscellaneous applications are allowed. The writ petitions are restored to its original number.
Learned counsel for the respondents submitted that the matter requires adjudication as the dispute is pending between the parties from last several decades.
Registry is directed to list the writ petitions before appropriate Bench on 08.11.2021.
(ASHOK KUMAR GAUR),J
AARZOO ARORA /36-38
1 issue framed by the court
Should the writ petitions be restored for hearing on merits when the Board of Revenue's review order is itself under challenge?
Ramu S/o Jagannath
Banshi (Deceased) S/o Laxman Through Legal Heir Prahlad S/o Late Banshi
Phabhati Devi W/o Ganesh
Maya Devi D/o Ganesh W/o Satyanarayan
Manju D/o Ganesh W/o Mohan
Neha D/o Ganesh W/o Manoj
ASHOK KUMAR GAUR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
