Quashed

Kishanlal v. Smt. Geeta Mundra

Rajasthan HC10 May 2024CW/3560/2024

Case brief

AI extract

What is this about?

This High Court quashed an order dated 04.01.2024 passed by the Board of Revenue in Udaipur, which was issued without affording a hearing to the opposite party. The Court directed the Revenue Appellate Authority to decide the pending appeal within two months and maintained the status quo. It disposed of the writ petition without elaborate reasoning.

What did the court decide?

Quashing of order dated 04.01.2024 passed by Board of Revenue and directing Revenue Appellate Authority to decide appeal within two months; stay order maintained.

Kishanlal Vs Smt. Geeta Mundra — Rajasthan HC (2024) — LawSathi Research

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[2024:RJ-JD:21024]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Civil Writ Petition No. 3560/2024

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Kishanlal S/o Late Lachhah, Aged About 43 Years.

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Bardi Bai W/o Late Lachhah, Aged About 64 Years. Both are R/o Shobhagpura Tehsil Badgaon District Udaipur.

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----Petitioners

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Versus

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Smt. Geeta Mundra W/o Vinod Kumar Mundra, R/o Dhanmandi School Marg Dhanmandi Udaipur.

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LRs of Lachhah S/o Roopa

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2/1. Leela Bai D/o Late Lachhah, R/o Shobhagpura Tehsil Badgaon District Udaipur.

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2/2. Tulsi D/o Late Lachhah, R/o Shobhagpura Tehsil Badgaon District Udaipur.

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2/3. Geeta D/o Late Lachhah, R/o Shobhagpura Tehsil Badgaon District Udaipur.

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M/s Archie Arcade (Partnership Firm), through Partner Sh. Dinesh Jain S/o Harisingh Jain R/o 80, Moti Magri Scheme, Udaipur.

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Smt. Premlata W/o Dilip Kumar Mundra, R/o 49/476 Choti Maheshwariyo Ki Gali, Dhanmandi, Udaipur/86 M-1 Road, Bhupalpura Udaipur.

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Narayanlal S/o Unkar, R/o Shobhagpura, Near Akhand Aashram, Tehsil Badgaon District Udaipur.

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Bhanwarlal S/o Unkar, R/o Shobhagpura, Near Akhand Aashram, Tehsil Badgaon District Udaipur.

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Panna Lal S/o Unkar, through Legal Heirs

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7/1. Modibai W/o Pannalal, R/o Shobhagpura, Near Akhand Aashram, Tehsil Badgaon District Udaipur.

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7/2. Bhupesh W/o Pannalal, R/o Shobhagpura, Near Akhand Aashram, Tehsil Badgaon District Udaipur

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7/3. Gaurav S/o Pannalal, R/o Shobhagpura, Near Akhand Aashram, Tehsil Badgaon District Udaipur.

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7/4. Madhu D/o Pannalal, R/o Shobhagpura, Near Akhand Aashram, Tehsil Badgaon District Udaipur.

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Smt. Haribai W/o Late Valaji, through Legal Heirs

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[2024:RJ-JD:21024]

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8/1. Modilal S/o Late Valaji, R/o Shobhagpura, Near Akhand Aashram, Tehsil Badgaon District Udaipur.

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8/2. Prakash S/o Late Valaji, R/o Shobhagpura, Near Akhand Aashram, Tehsil Badgaon District Udaipur.

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8/3. Kishan S/o Late Valaji, R/o Shobhagpura, Near Akhand Aashram, Tehsil Badgaon District Udaipur.

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8/4. Manohari Bai D/o Late Valaji, W/o Harilal, Kanpurflan Nadiwala Tehsil Nadiwala Tehsil Girva, District Udaipur.

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8/5. Shantabai Bai D/o Late Valaji, W/o Chhagan, Kanpurflan Nadiwala Tehsil Nadiwala Tehsil Girva, District Udaipur.

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8/6. Smt. Mangu D/o Late Valaji, W/o Shankar, Kanpur Pula Flan Ghomatha Tehsil Girva District Udaipur.

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Girjashankar S/o Bherulal, R/o 2 Ganesh Takery K Paas Alipura, Udaipur.

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Mukesh Porwal S/o Sheshmal, R/o Dhanmandi Schol Marg Dhanmandi, Udaipur.

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Kiran Paliwal W/o Rajkumar Bagora, R/o 37 B Khanpura Colony Bhupalpura, Udaipur.

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Dilip Kumar Mundra S/o Ramchandra Mundra, R/o 49/476 Choti Maheshwariyo Ki Gali, Dhanmandi Udaipur / 86 M-1 Road, Bhupalpura Udaipur.

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Smt. Rekha Kataria W/o Ashok Kataria, R/o New Bhupalpura Ramvatika Ke Paas, Opposite Orbit Complex, Udaipur.

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Ashok Kataria S/o Ratanlal Kataria, R/o New Bhupalpura Ramvatika Ke Paas, Opposite Orbit Complex, Udaipur.

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Sanyam Singhvi S/o Shyam S Singhvi, R/o 301 N, Roadtra Bhupalpura, Udaipur.

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Purushottam S/o Mangilal, R/o 99 Devali Udaipur.

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Ghanshyam Rathi S/o Rameshchandra Rathi, R/o Opposite Bsnl Office, Hiranmagri Sector No. 3 Udaipur.

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Parasram S/o Avtarram Makhija, R/o 11 B Bhopalpura Road, No. Khanpura Colony, Udaipur.

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Vasudev S/o Keshavdas, R/o 130 M Road Bhopalpura Khanpura Colony Udaipur.

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Mukesh S/o Keshavdas, R/o 130 M Road Bhopalpura Khanpura Colony Udaipur.

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[2024:RJ-JD:21024]

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Smt. Lakshmi Devi W/o Dwarkadas Veervani, R/o 130 M Road Bhopalpura Khanpura Colony Udaipur.

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Smt. Savitri Devi W/o Dwarkadas Veervani, R/o 130 M Road Bhopalpura Khanpura Colony Udaipur.

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State of Rajasthan, through Tehsildar Girva District Udaipur.

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----Respondents

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For Petitioner(s) : Mr. Muktesh Maheshwari. For Respondent(s) : Mr. Rajesh Joshi, Sr. Advocate assisted by Mr. Devesh A. Purohit.

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HON'BLE MR. JUSTICE VINIT KUMAR MATHUR

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Order

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10/05/2024

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Heard learned counsel for the parties.

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The present writ petition has been filed against the order dated 04.01.2024 passed by the Board of Revenue, Rajasthan, Ajmer, whereby, the revision petition preferred by the respondent No.1- Geeta Mundra has been allowed and the interim order passed by the Revenue Appellate Authority on 26.07.2021 has been dismissed/vacated.

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Learned counsel for the parties are in agreement that the order dated 04.01.2024 cannot be sustained in the eyes of law as the same has been passed without giving any opportunity of hearing to the opposite party.

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Learned counsel for the parties have jointly prayed that the order dated 04.01.2024 may be quashed and set aside and the Revenue Appellate Authority, Udaipur may be directed to decide the pending appeal of the petitioners within a stipulated period of

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time and till the appeal is decided, the status quo, as it exists today, shall be maintained.

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In view of the submissions made before this Court, the order dated 04.01.2024 passed by the Board of Revenue is quashed and the Revenue Appellate Authority, Udaipur is directed to decide the pending appeal of the petitioner within a period of two months from the date of receipt of certified copy of this order, strictly in accordance with law.

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Till the appeal is decided by the Revenue Appellate Authority, Udaipur, the parties are directed to maintain status quo. 7. In view of the discussion made above, the present writ petition is disposed of.

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(VINIT KUMAR MATHUR),J

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28-Shahenshah/-

Kishanlal v. Smt. Geeta Mundra

Case brief

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Kishanlal v. Smt. Geeta Mundra

Case brief

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