Mohan Lal vs Board Of Revenue, Ajmer And Ors
2022 Latest Caselaw 3730 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 13016/2017

Mohan Lal S/o Devaji, aged about 80 years, By Caste Dhobi, Resident Of Railmagra, Tehsil Railmagra, District Rajsamand.

----Petitioner Versus

1. Board Of Revenue, Ajmer.

2. Revenue Appellate Authority, Udaipur.

3. Assistant Collector, Rajsamand, At Present Railmagra, District Rajsamand.

4. State Of Rajasthan, Through Tehsildar, Railmagra, District Rajsamand.

5. Pannalal S/o Deva, By Caste Dhobi, Resident Of Railmagra, Tehsil Railmagra, District Rajsamand (Plaintiff).

----Respondents

For Petitioner(s) : Mr. BL Choudhary For Respondent(s) : Mr. SS Sisodia

HON'BLE MR. JUSTICE VINIT KUMAR MATHUR

Judgment / Order

09/03/2022

The present writ petition has been filed with the following

prayers:-

"It is, therefore, most humbly and respectfully prayed that this writ petition may kindly be allowed and by an order, writ or directions:-

1. That the Judgment dated 23.05.2017 (Annx.

10) passed by learned Board of Revenue, Ajmer and Judgment and decree dated 27.03.2008 passed by the learned S.D.O. Rajsamand (Annx.6) may kindly be quashed and set aside and upheld the judgment passed by the learned R.A.A. dated 06.07.2010 (Annx.8) and the matter may be remanded back to the learned Trial Court.

(2 of 2) [CW-13016/2017]

2. Any other appropriate order which this Hon'ble Court consider just and proper in the facts and circumstances of the present case, may kindly be passed in favour of the petitioner.

3. Cost of the writ petition may kindly be awarded to the petitioner."

Learned counsel for the parties are in agreement that the

order passed by the learned Revenue Appellate Authority dated

06.07.2010 may be upheld and the matter may be remanded back

to the learned trial court. They further submit that the finding of

the S.D.O. Court for which the order is being remanded should be

limited to the extent of adducing the evidence with respect to the

oral partition which took place in the year 1978.

In the circumstances, in view of the agreement between

learned counsel for the parties, the order dated 23.05.2017

passed by the learned Board of Revenue, Ajmer and judgment and

decree dated 27.03.2008 passed by learned S.D.O. Rajsamand

(Annx. 6) are quashed. The matter is remanded back to the

S.D.O. Rajsamand (now S.D.O., Railmagra) for deciding the

matter afresh to the extent of adducing the evidence with respect

to the oral partition which took place in the year 1978, after giving

proper opportunity of hearing to both the parties.

The writ petition is allowed in above terms.

The stay application and other pending application, if any

also stand disposed of.

(VINIT KUMAR MATHUR),J 116-SanjayS/-

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