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2025 DAILYLAW 23036 (RAJ)

SHER SINGH, SON OF SATYANARAYAN v. HANUMAN SON OF CHHOTU

CW/9972/2025 · 2025-07-08

Anoop Kumar Dhand

Transfer Petitionbody2025

Judgment text

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[2025:RJ-JP:25082] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 9972/2025 Sher Singh, Son Of Satyanarayan, Aged About 40 Years, Resident Of Village Anantpura, Tehsil Chomu, District Jaipur. ----Petitioner Versus 1. Hanuman Son of Chhotu, Resident Of Village Anantpura, Tehsil Chomu District Jaipur. 2. Anil Son of Babulal, Resident Village Anantapura, Tehsil Chomu, District Jaipur. 3. Anisha Daughter of Babulal, Resident Village Anantapura, Tehsil Chomu, District Jaipur. 4. Kailashchand Son of Uda, Resident Village Anantapura, Tehsil Chomu, District Jaipur. 5. Hiralal S/o Uda, Resident Village Anantapura, Tehsil Chomu, District Jaipur. 6. Lalidevi Daughter Uda, Resident Village Anantapura, Tehsil Chomu, District Jaipur. 7. Premadevi Wife Of Uda, Resident Village Anantapura, Tehsil Chomu, District Jaipur. 8. Kana Son Chanda Kalu Son Trilok, Resident Village Anantapura, Tehsil Chomu, District Jaipur. 9. Varji Devi Wife Gaurilal, Resident Village Anantapura, Tehsil Chomu, District Jaipur. 10. Banwari Lal Son Of Gauri Lal, Resident Village Anantapura, Tehsil Chomu, District Jaipur. 11. Rajendra Son Of Gaurilal, Resident Village Anantapura, Tehsil Chomu, District Jaipur. 12. Surajmal Son Of Gaurilal, Resident Village Anantapura, Tehsil Chomu, District Jaipur. 13. Manbhari Devi, Wife Of Bhagirath, Daughter Of Gauri Lal, Resident Kishori Tehsil Thanagaji District Alwar. 14. Geetadevi Wife Of Suresh Daughter Of Gaurilal, Resident Delaji Dwarikapura Tehsil Bandikui District Dausa. 15. Danaram Son Of Satyanarayan, Resident Village Anantpura, Tehsil Chomu, District Jaipur. [2025:RJ-JP:25082] (2 of 4) [CW-9972/2025] 16. Nanu Son Of Panna, Resident Village Anantpura, Tehsil Chomu, District Jaipur. 17. Prati Son Of Chhotu, Resident Village Anantpura, Tehsil Chomu, District Jaipur. 18. Pintu Son Of Satyanarayan, Resident Village Anantpura, Tehsil Chomu, District Jaipur. 19. Manni Devi Wife Of Satyanarayan, Resident Village Anantpura, Tehsil Chomu, District Jaipur. 20. Mamta Wife Babulal, Resident Village Anantpura, Tehsil Chomu, District Jaipur. 21. Ramvatar Son Chhotu, Resident Village Anantpura, Tehsil Chomu, District Jaipur. 22. Vikas Son Of Babulal, Resident Village Anantpura, Tehsil Chomu, District Jaipur. 23. Sonidevi Wife Of Nanda, Resident Village Anantpura, Tehsil Chomu, District Jaipur. 24. Bhairu Son Of Nanda, Resident Village Anantpura, Tehsil Chomu, District Jaipur. 25. Mukesh Son Nanda, Resident Village Anantpura, Tehsil Chomu, District Jaipur. 26. Lalaram Son Of Nanda, Resident Village Anantpura, Tehsil Chomu, District Jaipur. 27. Chauthi Devi Wife Sheonarayan, Resident Village Anantpura, Tehsil Chomu, District Jaipur. 28. Gopal Son Sheonarayan, Resident Village Anantpura, Tehsil Chomu, District Jaipur. 29. Babulal Son Of Shyanarayan, Resident Village Anantpura, Tehsil Chomu, District Jaipur. 30. Mangidevi Daughter Of Shyonarayan Wife Of Kaluram, Resident Village Dhavali Tehsil Shahpura District Jaipur. 31. Gangadevi Daughter Of Sheonarain Wife Of Gopal, Resident Of Village Jataavali Tehsil Chomu District Jaipur. 32. Nanadevi Daughter Of Sheonarain Wife Of Babulal, Resident Of Village Jataavali Tehsil Chomu District Jaipur. 33. Rajasthan Government Through Tehsildar, Chomu District Jaipur. 34. Sub Registrar Chomu, District Jaipur. [2025:RJ-JP:25082] (3 of 4) [CW-9972/2025] ----Respondents For Petitioner(s) : Mr. Bajrang Sepat For Respondent(s) : JUSTICE ANOOP KUMAR DHAND Order 08/07/2025 1. Aggrieved by the order dated 04.06.2025 passed by the Board of Revenue (for short, ‘the Board’), the instant writ petition has been filed by the petitioner. 2. By passing the order dated 04.06.2025, the Board has stayed the effect and operation of the order dated 16.01.2025 and the amended order dated 05.02.2025 passed by the Sub Divisional Officer (for short, ‘the SDO’). 3. Counsel for the petitioner submits that the suit filed by the petitioner was decreed by the SDO vide order dated 16.01.2025 and the amended order dated 05.02.2025 against which first appeal was submitted by the respondent before the Court of Revenue Appellate Authority (for short, ‘the RAA’) wherein, only the record was summoned vide order dated 17.03.2025 and notices were issued to the other side and the case was posted for 16.04.2025. Counsel submits that against the order of summoning of record dated 17.03.2025, a revision petition was submitted by the respondent which was in fact not maintainable but even then the same was entertained by the Board and the impugned order dated 04.06.2025 has been passed. Counsel submits that under these circumstances, interference of this Court is warranted. [2025:RJ-JP:25082] (4 of 4) [CW-9972/2025] 4. Heard and considered the submissions made at the Bar and perused the material available on record. 5. Without commenting on merits of the matter but looking to the fact that an objection has been taken on the maintainability of the revision petition before the Board against the order dated 17.03.2025 passed by the RAA, in the considered opinion of this Court, the objection can be taken and decided before the Board on the next date already fixed i.e. on 11.08.2025. The Board is directed to decide the objection as well as the revision petition on its merit on the next date and if possible then by fixing a short date to decide the matter on that day. 6 The present writ petition stands disposed of, accordingly. 7. Stay application and all pending application(s), if any, also stand disposed of. (ANOOP KUMAR DHAND),J Ashu/36