Rajasthan High Court
Devi S/O Moti vs Smt. Santa W/O Jeewad D/O Late ... on 10 January, 2023
Bench: Inderjeet Singh
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Civil Writ Petition No. 11827/2022
1. Devi S/o Moti, Resident Of Village Kesarpura Mewadiya,
Tehsil Pisangan, District Ajmer (Raj.)
2. Kanaram S/o Late Birdhasingh, Resident Of Village
Kesarpura Mewadiya, Tehsil Pisangan, District Ajmer
(Raj.)
3. Omprakash S/o Late Birdhasingh, Resident Of Village
Kesarpura Mewadiya, Tehsil Pisangan, District Ajmer
(Raj.)
4. Shyamsingh S/o Late Birdhasingh, Resident Of Village
Kesarpura Mewadiya, Tehsil Pisangan, District Ajmer
(Raj.)
5. Smt. Rameshwari W/o Nemsingh D/o Late Birdhasingh,
Resident Of Village Devgarh Post Thanwala, District
Nagaur (Raj.)
6. Smt. Lali W/o Nanusingh D/o Late Birdhasingh, Resident
Of Village Daulatpura Devgarh Post Thanwala, District
Nagaur (Raj.)
7. Smt. Sharda W/o Baldevsingh D/o Late Birdhasingh,
Resident Of Village Jethgarh, Tehsil Pisangan, District
Ajmer (Raj.)
8. Smt. Suwa W/o Pratap D/o Late Birdhasingh, Resident Of
Village Teelora, Sub-Tehsil Pushkar, District Ajmer (Raj.)
9. Gangaram S/o Late Mala, Resident Of Village Kesarpura
Mewadiya, Tehsil Pisangan, District Ajmer (Raj.)
10. Luxman S/o Late Mala, Resident Of Village Kesarpura
Mewadiya, Tehsil Pisangan, District Ajmer (Raj.)
11. Sethu S/o Late Mala, Resident Of Village Kesarpura
Mewadiya, Tehsil Pisangan, District Ajmer (Raj.)
12. Smt. Mohini W/o Luxman D/o Late Luxman, Resident Of
Village Daulatpura Devgarh Post Thanwala, District
Nagaur (Raj.)
13. Smt. Geeta W/o Purasingh D/o Late Mala, Resident Of
Village Simmathpura Post Govindgarh, District Ajmer
(Raj.)
14. Smt. Neela W/o Heerasingh D/o Late Mala, Resident Of
Village Simmathpura Post Govindgarh, District Ajmer
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(Raj.)
15. Jhummi Devi W/o Late Birdha, Resident Of Village
Kesarpura Mewadiya, Tehsil Pisangan, District Ajmer
(Raj.)
16. Roopi Devi Widow Of Late Birdha, Resident Of Village
Kesarpura Mewadiya, Tehsil Pisangan, District Ajmer
(Raj.)
17. Bakthi Devi Widow Of Late Mala, Resident Of Village
Kesarpura Mewadiya, Tehsil Pisangan, District Ajmer
(Raj.)
----Petitioners
Versus
1. Smt. Santa W/o Jeewad D/o Late Mangla, Resident Of
Sevariya Chainpura, Tehsil Jaitaran, District Pali (Raj.)
2. Smt. Kani W/o Rampal D/o Late Mangla, Resident Of
Sevariya Chainpura, Tehsil Jaitaran, District Pali (Raj.)
3. Smt. Champa W/o Late Mangla, Resident Of Village
Kesarpura Mewadiya, Tehsil Pisangan, District Ajmer
(Raj.)
4. Smt. Premdevi W/o Mohansingh, Resident Of Village
Kesarpura Mewadiya, Tehsil Pisangan, District Ajmer
(Raj.)
5. Sethusingh S/o Late Mohansingh, Resident Of Village
Kesarpura Mewadiya, Tehsil Pisangan, District Ajmer
(Raj.)
6. Sharda D/o Late Mohansingh, Resident Of Village
Kesarpura Mewadiya, Tehsil Pisangan, District Ajmer
(Raj.)
7. Sukhdevsingh S/o Late Mohansingh, Since Minor Through
Natural Guardian Mother Smt. Geetadevi W/o Late
Mohansingh, Resident Of Village Kesarpura Mewadiya,
Tehsil Pisangan, District Ajmer (Raj.)
8. Sohansingh S/o Late Mangla, Resident Of Village
Kesarpura Mewadiya, Tehsil Pisangan, District Ajmer
(Raj.)
9. Jairam S/o Late Mangla, Resident Of Village Kesarpura
Mewadiya, Tehsil Pisangan, District Ajmer (Raj.)
10. Government Of Rajasthan, Through Tehsildar Pisangan,
District Ajmer.
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----Respondents
For Petitioner(s) : Mr. Mohammed Anees
For Respondent(s) : Mr. Dharmendra Choudhary
HON'BLE MR. JUSTICE INDERJEET SINGH
Order
10/01/2023
Instant writ petition has been filed by the petitionerssss
against the order dated 19.01.2022 passed by the Board of
Revenue, whereby, the Board of Revenue has dismissed the
second appeal filed on behalf of the petitioners against the order
dated 23.08.2011 passed by the Revenue Appellate Authority.
Brief facts of the case are that the petitioners-plaintiffs filed
a suit before the Revenue Court. The suit was decreed in view of
the compromise entered between the plaintiffs and some of the
defendants by the Trial Court vide order dated 06.02.2007. Being
aggrieved by the order dated 06.02.2007 passed by the Trial
Court, the respondents Smt. Santa and Smt. Kani filed an appeal
before the Revenue Appellate Authority, Ajmer stating therein that
the judgment and decree has been passed by the Trial Court on
the basis of compromise by some of the defendants and the same
was not signed by the appellants. The learned Revenue Appellate
Authority set-aside the order and remanded the matter back to
the learned Trial Court vide its order dated 23.08.2011 for
deciding the same a fresh.
Being aggrieved by the order dated 23.08.2011, the
petitioners-plaintiffs filed appeal before the Board of Revenue,
Ajmer, which was dismissed by the Board of Revenue vide order
dated 19.01.2022. Hence, the present writ petition has been filed
by the petitioners challenging the order dated 19.01.2022.
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Counsel for the petitioners submits that the Revenue
Appellate Authority as well as Board of Revenue has committed
serious illegality in quashing the order passed by the Trial Court,
as the same was based on the compromise. Counsel further
submits that to the extent of compromise, the order of the Trial
Court deserves to be stand.
Counsel appearing on behalf of the respondents has opposed
the writ petition and submitted that the Trial Court has committed
serious illegality in deciding the suit on the basis of compromise,
as the respondents have not signed the said compromise. Counsel
further submits that the Revenue Appellate Authority as well as
Board of Revenue has not committed any illegality in remanding
the matter back to the learned Trial Court.
Heard counsel for the parties and perused the record.
This writ petition filed by the petitioners deserves to be
dismissed; for the reasons, firstly, the Revenue Appellate
Authority has rightly remanded the matter back to the Trial Court
for deciding the same a fresh, as the order passed by the Trial
Court was based on the compromise between the plaintiffs and
some other defendants, secondly, since all the defendants have
not signed the compromise, therefore, in my considered view, no
illegality has been committed by the Revenue Appellate Authority
in remanding the matter back to the Trial Court, lastly, considering
the facts and circumstances of the present case, no case is made
out for interference by this Court under Article 227 of the
Constitution of India.
Hence, the present writ petition stands dismissed.
(INDERJEET SINGH),J
Upendra Pratap Singh /58
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