Disposed

Nand Ram Andors v. Board of Revenue Raj Andors

Rajasthan HC12 Dec 2023CW/15929/2009

Case brief

AI extract

What is this about?

This writ petition challenged the Board of Revenue's order quashing an interim stay passed by the Revenue Appellate Authority. Viewing that the regular first appeal was pending since 2008, the Court directed the RAA to dispose of the pending appeal within four months without adjudicating the merits of the writ.

What did the court decide?

Directed the Revenue Appellate Authority to decide the pending first appeal within four months from receipt of this order.

Nand Ram Andors Vs Board of Revenue Raj Andors — Landlord and Tenant | Rajasthan HC (2023)

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[2023:RJ-JP:39756]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Civil Writ Petition No. 15929/2009

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Nand Ram s/o Shri Kalu Ram Meghwal (since deceased) through heirs his legal heirs-

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1/1 Smt. Sarwani Devi w/o Late Nand Ram

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1/2 Parmanand s/o Late Nand Ram

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1/3 Subhash Chand s/o Late Nand Ram

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1/4 Vinod s/o Late Nand Ram

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1/5 Surendra s/o Late Nand Ram

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1/6 Ku. Sulochana d/o Late Nand Ram

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1/7 Santra d/o Shri Nand Ram

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All r/o Village of Narsinghpura, Tehsil and District Jhunjhunu.

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Bhagwan Dev s/o Shri Kalu Ram Brahmin (since deceased) now represented by the following

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2/1 Smt. Rukmani Devi w/o Late Bhagwan Dev (since deceased) name deleted

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2/2 Nandlal s/o Late Bhagwan Dev

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2/3 Vasudev s/o Late Bhagwan Dev

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2/4 Sitaram s/o Late Bhagwean Dev (since deceased leaving behind the Following legal heirs)

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2/4/1 Smt. Manju w/o Late Sitaram

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2/4/2 Sandeep s/o Late Sitaram

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2/4/3 Gautam s/o Late Sitaram

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2/4/4 Kiran d/o Late Sitaram

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2/4/5 Varsha s/o Late Sitaram

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2/5 Dharmesh s/o Shri Bhagwan Dev

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All resident of Village Narsinghpura, Tehsil and District Jhunjhunu.

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2/6 Smt. Indumati Devi W/o Shri Rameshwar Lal d/o late Shri Bhagwan Dev, r/o Salasar Road, Near Nehru Park, Sikar

[2023:RJ-JP:39756]

[CW-15929/2009]

(2 of 4)

Rajasthan

2/7 Smt. Ansuiya Devi w/o Shri Shankar Lal Sharma d/o late Shri Bhagwan Dev r/o 21, Haveli Churu Rajasthan.

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Banwarilal s/o Shri Kalu Ram (since deceased) through following representative:-

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3/1. Braj Mohan Sharma (since deceased) through his legal heirs

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3/1/1. Naresh Kumar Sharma s/o Late Braj Mohan Sharma

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3/1/2. Pankaj Kumar Sharma s/o Late Braj Mohan Sharma

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3/1/3. Manoj Kumar Sharma s/o Late Braj Mohan Sharma s/o

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3/1/4. Sharda Devi w/o Late Braj Mohan Sharma

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3/2 Balchand

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3/3 Subhash Chand

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3/4 Prabhu Dayal

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3/5 Santosh

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3/6. Kamlesh Kumar

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All sons of Late Banwarilal

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3/7 Meera Devi

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3/8 Tara Devi

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3/9 Raksha Devi

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All daughters of Late Banwarilal All r/o Village Narsinghpura, Tehsil and District Jhunjhunu.

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Om Prakash s/o Shri Dwarka Prasad Brahmin

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Anand Swaroop s/o Shri Dwarka Prasad Brahmin

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All r/o Village Narsinghpura, Tehsil and District Jhunhunu.

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----Petitioner

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Versus

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Board of Revenue for Rajasthan Ajmer through its Registrar

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Revenue Appellate Authority cum Settlement Officer Sikar

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Sub Divisional Officer, Tehsil and District Jhunjhunu

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...Performa Respondents

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(3 of 4) [CW-15929/2009]

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[2023:RJ-JP:39756]

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Jhabar Ram s/o Shri Kalu Ram Meghwal r/o Village Narsinghpura, Tehsil and District Jhunjhunu

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...Plaintiff-Respondents

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Muafi Mandir Shri Narsingh Ji Maharaj, r/o Narsinghpura, Nawalgarh through its Pujari s/o Road Shri Gopal Brahmin, r/o Narsinghpura, Tehsil and District Jhunjhunu

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State of Rajasthan through Tehsildar Jhunjhunu

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----Respondents

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For Petitioner(s) : Mr. Raghvendra Singh, Adv. For Respondent(s) : Mr. Pawan Pareek, Adv.

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HON'BLE MR. JUSTICE ANOOP KUMAR DHAND

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Order

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12/12/2023

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Aggrieved by the orders dated 16.11.2009 and 07.12.2009 passed by the Board of Revenue, Ajmer (for short ‘the Board’), this writ petition has been filed by the petitioners.

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Counsel for the petitioners submits that the suit for declaration and injunction filed by the respondent Jhabar Ram was decreed by the Court of Sub Divisional Officer, Jhunjhunu vide judgment and decree dated 09.01.2008. Counsel submits that the said order was assailed before the Revenue Appellate Authority (for short ‘the RAA’) wherein the execution of the judgment and decree dated 09.01.2008 was stayed by the RAA vide interim order dated 01.02.2008. Counsel submits that the aforesaid interim order dated 01.02.2008 was challenged by the defendantMuafi Mandir Shri Narsingh Ji Maharaj before the Board by way of filing a revision petition under Section 230 of the Rajasthan Tenancy Act and the same was allowed by the Board vide order

[2023:RJ-JP:39756]

[CW-15929/2009]

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dated 16.11.2009 and the order dated 01.02.2008 was quashed and set aside. Counsel submits that against the aforesaid order dated 16.11.2009, the petitioners filed a review petition but the same was rejected on 07.12.2009. Counsel submits that the Board has wrongly quashed and set aside the interim order dated 01.02.2008 passed by the RAA. Hence, interference of this Court is warranted.

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Per contra, counsel for the respondents opposed the arguments raised by the counsel for the petitioners and submitted that there is no illegality in the orders passed by the Board and the Board has passed cogent reasoned orders, hence, interference of this Court is not warranted.

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Heard and considered the submissions made at Bar and perused the material available on record.

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Without going into the merits and demerits of the case and looking to the fact that the regular first appeal against the impugned judgment and decree dated 09.01.2008 is pending before the RAA, since 2008, this Court deem it just and proper to direct the RAA to decide the appeal (pending, if any) expeditiously as early as possible preferably within a period of four months from the date of receipt of certified copy of this order.

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Accordingly, the instant writ petition stands disposed of.

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All pending applications, if any, also stand disposed of.

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(ANOOP KUMAR DHAND),J

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MR/220

Nand Ram Andors v. Board of Revenue Raj Andors

Case brief

What is this about?

What did the court decide?

Nand Ram Andors v. Board of Revenue Raj Andors

Case brief

What is this about?

What did the court decide?

What the court decided

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