Sitaram S/O Mangal Chand vs Palaram S/O Shri Hanuman
2021 Latest Caselaw 1718 Raj/2

       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                   BENCH AT JAIPUR

               S.B. Civil Writ Petition No. 4059/2020

1.      Sitaram S/o Mangal Chand, Resident Of Laxmangarh
        (Died) Through His L.r.
2.      Bhanwar Lal Pareek S/o Shri Sitaram (Died), Resident Of
        Naya Kheda Ambabari Jaipur
3.      Mahesh Son Of Shri Sita Ram, R/o Laxmangarh, Sikar.
                                                                  ----Petitioners
                                   Versus
1.      Palaram S/o Shri Hanuman, Resident Of Mohabbatsar
        Tehsil Udaipurvati District Sikar.
2.      Beju Ram S/o Ganpat, Resident Of Mohabbatsar Tehsil
        Udaipurvati District Sikar.
3.      Mool Chand Son Of Shri Ganpat, Resident Of Mohabbatsar
        Tehsil Udaipurvati District Sikar.
                                                                ----Respondents

For Petitioner(s)         :    Mr.Govind Purohit
For Respondent(s)         :



         HON'BLE MR. JUSTICE ASHOK KUMAR GAUR

                                    Order

16/02/2021

This writ petition has been filed by the petitioners for early

disposal of the execution petition, pending before the Sub-

divisional Officer, Nawalgarh.

Learned counsel for the petitioners submitted that initially,

suit was filed by the petitioner No.1 for ejectment and possession

before SDO, Nawalgarh in respect of Khasra Nos.106 to 109 and

115 measuring 7 Bigha and 16 Biswa and the said suit came to be

dismissed vide order dated 26th April, 1976.

                                          (2 of 3)                     [CW-4059/2020]



     Learned    counsel     submitted         that     the      petitioner,   feeling

aggrieved by dismissal of the suit, filed first appeal before the

Revenue Appellate Authority and the said appeal was also

dismissed vide order dated 30th March, 1978.

Learned counsel submitted that the petitioner approached

the Board of Revenue and the Board of Revenue, vide its order

dated 17th May, 1984, allowed the second appeal.

Learned counsel submitted that review petition, filed against

order of the Board of Revenue, was also dismissed and further, the

order passed by the Board of Revenue, was up-held on 8 th August,

1988 by the High Court and as such, judgment of the Board of

Revenue attained finality.

Learned counsel submitted that the execution petition was

filed before the SDO, Nawalgarh in the year 1992 and now almost

29 years have passed and till date, the decree is not executed and

unnecessary adjournments are given by the Court.

Learned counsel submitted that this Court may give

appropriate directions to dispose of the execution petition titled as

Sitaram Vs.Palaram pending before the Sub-Divisional Officer,

Nawalgarh in expeditious manner while listing the petition on day

to day basis.

I have considered the submissions made by learned counsel

for the petitioners and perused the material available on record.

This Court finds that Section 9 of the Land Revenue Act,

1956 gives power to the Board of Revenue of superintendence on

all the Subordinate Revenue Courts and Officers and as such, the

Board of Revenue is competent to exercise its power on all the

Revenue Courts.

(3 of 3) [CW-4059/2020]

This Court, without entertaining the present writ petition,

permits the petitioners to move appropriate application before the

Board of Revenue and if such application is filed, the Board of

Revenue is expected to take immediate steps for expediting the

execution petition titled as Sitaram Vs.Palaram, pending since

1992 before the Sub-Divisional Officer, Nawalgarh.

With the aforesaid, the present writ petition stands disposed

of.

(ASHOK KUMAR GAUR),J

Preeti Asopa /34

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