State Of Raj vs Om Singh And Ors
2022 Latest Caselaw 9592 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 12702/2011

State Of Rajasthan through the Tehsildar, Tehsil and District Jodhpur.

----Petitioner Versus

1. Om Singh S/o Shri Suvata mali

2. Nar Singh S/o Shri Suvata Mali

3. Babulal S/o Shri Suvata Mali Residents of Mandore, Tehsil and District Jodhpur.

4. The Revenue Appellate Authority, Jodhpur.

5. The Board of Revenue for Rajasthan at Ajmer.

----Respondents

For Petitioner(s) : Mr. Rajeev Purohit For Respondent(s) : Mr. Loon Karan Purohit

HON'BLE MR. JUSTICE VINIT KUMAR MATHUR

Order

22/07/2022

The present writ petition has been listed after the Division

Bench of this Court has decided the appeal of the State

Government being D.B. S.A.W. No.195/2012 on 28.03.2012

whereby the Division Bench remanded the matter back to the

Single Bench for deciding the matter afresh.

Against the order darted 28.03.2012 passed by the Division

Bench, the respondents filed Civil Appeal Nos.6031-6032/2014

before Hon'ble the Supreme Court and Hon'ble the Supreme Court

allowed the Civil Appeals vide order dated 5.5.2022 in the

following terms:-

"After considering the submissions made by the learned counsel appearing for both sides, we are of

(D.B. SAW/195/2012 has been filed in this matter. Please refer the same for further orders)

(2 of 2) [CW-12702/2011]

the view that the Division Bench exceeded its jurisdiction by condoning the delay in filing the appeal before the Board of Revenue. The finding that is recorded by the Division Bench that the Board of Revenue had decided the matter on merits and not on the ground of limitation is also not correct.

For the foregoing reasons, the judgment of the High court is set aside. The appeals are allowed. Pending application(s), if any, shall stand disposed of."

In view of the judgment passed by Hon'ble the Supreme

Court vide judgment dated 5.5.2022, the earlier order of the

rejection of the writ petition passed by the Single Bench on

23.01.2012 is upheld and therefore no further adjudication is

required in the matter.

(VINIT KUMAR MATHUR),J 2-praveen/-

(D.B. SAW/195/2012 has been filed in this matter. Please refer the same for further orders)

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