Smt. Manjula Devi Wife Of Shri ... vs Smt. Krishna Devi D/O Late Shri ...
2021 Latest Caselaw 1310 Raj/2

      HIGH COURT OF JUDICATURE FOR RAJASTHAN
                  BENCH AT JAIPUR

              S.B. Civil Writ Petition No. 12550/2020

Smt. Manjula Devi Wife Of Shri Devendra Kumar Lunawat, Aged
About 74 Years, Resident Of Village Keshopura, Tehsil Sanganer,
Presently R/o 301, Kadam Apartment, Tilak Nagar, Udai Marg,
Jaipur, At Presently R/o 6-A Bardiya Colony, Museum Road,
Jaipur Tehsil And District Jaipur (Raj.)
                                                ----Petitioner/Non-Applicant
                                   Versus
1.     Smt. Krishna Devi D/o Late Shri Bhanwar Lal, Resident Of
       Village Keshopura, Tehsil Sanganer, District Jaipur (Raj.)
2.     Smt. Sarla Devi Wife Of Late Shri Kesrichand, Resident Of
       Bardiya Colony, Opposite Manjula Palace, Museum Road,
       Jaipur.
3.     Mst. Madhu Kanwar Daughter Of Late Shri Kesrichand,
       Resident Of Bardiya Colony, Opposite Manjula Palace,
       Museum Road, Jaipur.
4.     Mst. Renu Daughter Of Late Shri Kesrichand, Resident Of
       Bardiya Colony, Opposite Manjula Palace, Museum Road,
       Jaipur.
5.     Ashok Kumar Son Of Late Shri Kesrichand, Resident Of
       Bardiya Colony, Opposite Manjula Palace, Museum Road,
       Jaipur.
6.     State Of Rajasthan, Through Tehsildar Sanganer, Tehsil
       Sanganer, District Jaipur.
7.     Sub Registrar Sanganer, Tehsil Sanganer, District Jaipur.
                                                                ----Respondents

For Petitioner(s) : Mr. Mahesh Gupta, Adv. And Mr. Saket Pareek, Adv.

For Respondent(s) : Ms. Arti Goyal, Adv. And Mr. Sudesh Bansal, Adv.

HON'BLE MR. JUSTICE GOVERDHAN BARDHAR

Order

08/02/2021

(2 of 2) [CW-12550/2020]

Challenge in the present writ petition filed by the

petitioner/non-applicant under Article 227 of the Constitution of

India has been made to the judgment dated 28.09.2020 passed

by the Board of Revenue, Rajasthan, Ajmer.

Heard learned counsel for the parties.

The Board of Revenue while passing the impugned

judgment dated 28.09.2020 has not considered the clarification

order dated 03.12.2020 passed by the Hon'ble Apex Court

whereas the Board of Revenue has relied upon the order dated

06.01.2020, passed by the Hon'ble Apex Court.

In view of the above, the impugned order dated

28.09.2020 passed by the learned Board of Revenue is set aside

and the matter is remitted back to the Board of Revenue to decide

the matter afresh after affording opportunity of hearing to both

the parties in the light of clarification order dated 03.12.2020

passed by the Hon'ble Apex Court expeditiously in accordance with

law.

The writ petition is disposed of accordingly. Parties are

directed to appear before the Board of Revenue on 04.03.2021.

(GOVERDHAN BARDHAR),J

Ritu/54

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