State Of Raj vs Sohan Lal And Ors
2022 Latest Caselaw 14846 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 3773/2010

The State Of Rajasthan through the Tehsildar, tehsil Girwa, District Udaipur

----Petitioner Versus

1. Shri Sohan Lal s/o Shri Bhanwar lal Kumhar, r/o Paldi, Tehsil Girwa, District Udaipur

2. Shri Ramchandra s/o Shri Bhanwar Lal Kumar, r/o Paldi, Tehsil Girwa, District Udaipur

3. Shri Bhagwan Lal s/o Shri Bhanwar lal Kumhar, r/o Paldi, Tehsil Girwa, District Udaipur respondents No. 1 to 3 through Power of Attorney Shri Sushil s/o Shri Premchand Jain, r/o Nimach Mata Scheme, Tehsil Girwa, District Udaipur.

----Respondents

For Petitioner(s) : Mr. L.K. Purohit Mr. Harshit Bhurani For Respondent(s) : Mr. Vikram Sharma Mr. Sajjan Singh

HON'BLE MR. JUSTICE VINIT KUMAR MATHUR

Order

16/12/2022

The present writ petition has been filed with the following

prayers:-

"1. The order dt. 11.2.2009 (Annex.4) passed by the learned Board of Revenue in Appeal No. LR/9904/08/Udaipur, as also, order dt. 7.8.2009 (Annex.5) passed in Review Petition No. LR/4187/2009/Udaipur may kindly be quashed and set aside;

2. The appeal submitted by the private respondents before the learned Board of Revenue may very kindly be dismissed;"

Learned counsel for the parties are in agreement that the

issue involved in the present case is squarely covered by the

(2 of 2) [CW-3773/2010]

judgment passed by this Court in S.B. Civil Writ Petition No.

9131/2015 (The State of Rajasthan through the Tehsildar

(Revenue) Vs. Shri Udailal decided on 24.04.2017.

In view of the categoric submission made before this Court,

the present writ petition merits acceptance and the same is

allowed. The order dated 19.05.2008 (Annex.1) passed by the

Additional Collector, Girva, order dated 04.09.2008 (Annex.2)

passed by the Additional Divisional Commissioner, Udaipur, order

dated 11.02.2009 passed by Board of Revenue, Ajmer and order

in review petition dated 07.08.2009 passed by Board of Revenue,

Ajmer are quashed and set aside and the matter is remanded

back to the SDO, Girva, District Udaipur to pass a fresh order in

accordance with law after giving a reasonable opportunity of

hearing to both the parties.

Since 2007, the matter is pending before SDO, Girva, District

Udaipur. The SDO, Girva, District Udaipur is directed to decide the

same at the earliest preferably within a period of one year from

the date of the appearance of parties.

(VINIT KUMAR MATHUR),J

234-Payal/-

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