In a writ petition filed by the petitioners aggrieved by an ex-parte order of the Board of Revenue, the court dismissed the petition holding that the petitioners can move an application before the Board to vacate the interim stay. The writ and stay petitions were dismissed.
Writ petition and stay petition dismissed.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 5758/2022
----Petitioners
Versus
Mehji S/o Nathu, Gumanpur, Tehsil Anandpuri, Dist. Banswara, Rajasthan.
----Respondent
For Petitioner(s) : Mr. Tanwar Singh
HON'BLE MR. JUSTICE VIJAY BISHNOI
Order
20/09/2022
This writ petition is filed by the petitioners being aggrieved with the order dated 23.02.2022 passed by the Board of Revenue, Ajmer (hereinafter to be referred as ‘the BoR’), whereby while admitting the Revision Petition No.41/2022 (Banswara) preferred by the respondent, the BoR has issued notices to the opposite party and ordered to maintain status quo with respect to the land in question till the next date and fixed the next date as 12.04.2022.
Learned counsel for the petitioners has submitted that though the petitioners have filed caveat before the BoR, but before admitting the revision petition and granting interim stay, no opportunity of hearing was given to them.
(2 of 2)
[CW-5758/2022]
Having heard the learned counsel for the petitioners and after going through the material available on record, I am of the view that if the petitioners are having any grievance against the order dated 23.02.2022 passed by the BoR in Revision Petition No.41/2022 (Banswara), they can very well move an application before the BoR for vacating the ex-parte interim stay order.
In such circumstances, I am not inclined to interfere in this writ petition and the same is hereby dismissed.
However, the petitioners are free to move an appropriate application before the BoR for vacating the ex-parte interim stay order and if any such application is moved by the petitioners, it is expected that the BoR shall consider and decide the same expeditiously strictly in accordance with law.
Stay petition is also dismissed.
(VIJAY BISHNOI),J
10-AjaySingh/-
2 issues framed by the court
Whether the High Court should interfere in the writ petition filed by the petitioners aggrieved by an order of the Board of Revenue which was passed ex-parte without hearing them.
Whether the High Court should pass orders pending the filing of an application by the petitioners before the Board of Revenue.
Smt. Chanda Devi W/o Ramesh Chandra
Smt. Mani W/o Ravindra Nath
Mehji S/o Nathu
Vijay Bishnoi
As recorded by the court registry
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