Roopa Ram vs Kohla Ram
2021 Latest Caselaw 12852 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN JODHPUR

S.B. Civil Writ Petition No. 11079/2021

1. Roopa Ram S/o Gordhan Ram, Age 67 years,

2. Dalla Ram S/o Roopa Ram, Age 32 years,

3. Malla Ram S/o Roopa Ram, Age 30 years,

4. Gaja Ram S/o Roopa Ram, Age 28 years,

5. Deva Ram S/o Roopa Ram, Age 26 years,

All by Caste Jat, Resident of Khemawas (Shivkar), Tehsil &

District Barmer (Raj.).

----Petitioners Versus

1. Kohla Ram S/o Gordhan Ram, Age 64 years, B/c Jat, R/o

Khemawas (Shivkar), Tehsil & District Barmer.

2. The Board of Revenue through its Registrar, Ajmer.

3. The Sub Divisional Officer, Barmer

----Respondents

For Petitioner(s) : Mr. Sidharth Karwasara

HON'BLE MR. JUSTICE VIJAY BISHNOI

Judgment / Order

17/08/2021

Learned counsel for the petitioners has submitted

that the SDO, Barmer vide order dated 27.10.2020 while

(2 of 3)

allowing the application preferred on behalf of

respondent-Kohla Ram under Section 251A of the

Rajasthan Tenancy Act has ordered that the petitioners

shall provide way from their agricultural field him. The

review petition preferred on behalf of the petitioners was

dismissed by the SDO, Barmer vide order dated

23.7.2021. The petitioners, thereafter, have preferred an

appeal before the Revenue Appellate Authority (for short

'the RAA') and the RAA vide order dated 27.7.2021 has

passed interim order directing the parties to maintain

status quo.

Being aggrieved with the order dated 27.7.2021,

respondent-Kohla Ram has preferred a revision petition

before the Board of Revenue, Ajmer (for short 'the Board

of Revenue') and the Board of Revenue vide order dated

3.8.2021 has stayed the order dated 27.7.2021 passed

by the RAA.

Learned counsel for the petitioners has submitted

that the Board of Revenue has no jurisdiction to entertain

the revision petition filed against an interlocutory order. It

is also argued that the Board of Revenue has passed the

order impugned dated 3.8.2021 without providing any

opportunity of hearing to the petitioners.

(3 of 3)

Issue notice. Issue notice of stay petition as well,

returnable on 20th September, 2021.

In the meantime, the parties are directed to

maintain status quo as per the order dated 27.7.2021

passed by the RAA.

(VIJAY BISHNOI),J

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