Rajasthan High Court
Sobhagmal Sakhlecha vs B O R And Ors on 20 July, 2021
Bench: Prakash Gupta
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Civil Writ Petition No. 8986/2012
Sobhagmal Sakhlecha Son Of Late Shri Mangalchandji, Aged
about 67 years, R/o Lakhan Kotri, Ajmer
----Petitioner
Versus
1. Board Of Revenue, Rajasthan, Ajmer
2. Shri Abhaymal Son Of Late Shri Mangalchand, R/o Rishab
Sadan, Opp. Ram Bhawan, Lohagate Road, Ajmer
3. Shri Jeetmal Son Of Late Shri Mangalchand, M-24, Link
Road, Ajmer (since deceased) through legal
representatives:-
3/1. Kirti Sakhlecha (son)
3/2. Kishore Sakhlecha (son)
3/3. Shakuntala Mehta (daughter)
3/4. Kusum Jain (daughter)
All residents of M-24, Link Road, Ajmer
4. Shri Jaiwantmal Son Of Late Shri Mangalchand (since
deceased) Through Legal Representatives:-
4/1. Shri Rajender Oswal Son Of Late Shri Jaiwantmal
4/2. Shri Mukesh Oswal Son Of Late Shri Jaiwantmal
4/3. Smt. Chitra Jain Daughter Of Late Shri Jaiwantmal,
All Residents Of M-24, Link Road, Ajmer
5. State Of Rajasthan Through Tehsildar, Ajmer
----Respondents
For Petitioner(s) : Mr. Amit Jindal, Advocate
with Ms. Neetu Bhansali, Advocate
For Respondent(s) : Mr. OP Mishra, Advocate
HON'BLE MR. JUSTICE PRAKASH GUPTA
Order
20/07/2021
This writ petition has been filed by the petitioner
against the order dated 22.2.2012 passed by the Board of
(2 of 3) [CW-8986/2012]
Revenue in Review Petition No. Review/LR/963/2012/Ajmer, by
which the review petition has been allowed and the judgment
dated 9.2.2009 passed by the Board of Revenue has been set-
aside.
Learned counsel for the petitioner submits that the
petitioner filed a revision petition before Board of Revenue, Ajmer
challenging the order dated 4.4.2001 passed by the Revenue
Appellate Authority, Ajmer, whereby the Revenue Appellate
Authority rejected the review petition filed by the petitioner and
others on the ground of delay. The Board of Revenue vide its order
dated 9.1.2009 allowed the revision petition and the order dated
4.4.2001 passed by the Revenue Appellate Authority was quashed
and set-aside. Subsequently after 3 years from the date of passing
the order dated 9.1.2009, the respondent no.2 filed a review
petition under Order 47 Rule 1 CPC readwith Section 114 CPC and
Section 86 of the Rajasthan Land Revenue Act before the Board of
Revenue. Alongwith the review petition, the respondent no.2 also
filed an application under Section 5 of the Limitation Act. He
further submits that the statutory period for filing the review
petition is 30 days, but the review petition was filed after more
than 3 years. Without issuing notice and without deciding the
application under Section 5 of the Limitation Act, the Board of
Revenue allowed the review petition arbitrarily vide order dated
22.2.2012.
Heard. Considered.
From a perusal of the order dated 22.2.2012 passed by
the Board of Revenue in Review Petition, it is clear that the review
was sought of the order dated 9.2.2009. The petitioner was a
party to the review petition, but without issuing notice to him,
(3 of 3) [CW-8986/2012]
without any opportunity of hearing and without deciding the
application under Section 5 of the Limitation Act, the review
petition was decided. In this view of the matter, the Board of
Revenue is found to have committed an illegality while passing the
order dated 22.2.2012.
Taking into consideration the facts and circumstances of
the case, the impugned order dated 22.2.2012 is quashed and
set-aside. The matter is remanded to the Board of Revenue with a
direction to decide the review petition afresh on its own merits
without being influenced by its previous order dated 22.2.2012,
after giving opportunity to the parties concerned and after
deciding the application under Section 5 of the Limitation Act.
Both the parties are directed to appear before the
Board of Revenue in this regard on 2.8.2021.
The writ petitions stand disposed of accordingly.
Consequent upon the disposal of the writ petition, stay
application also stands disposed of.
(PRAKASH GUPTA), J.
DILIP KHANDELWAL /11
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