Research › Search › Judgment

High Court of Rajasthan · body

2025 DAILYLAW 32965 (RAJ)

ROHITASH S/O LATE HARIRAM v. RANVEER S/O SHIVLAL

CW/17650/2024 · 2025-04-08

Anoop Kumar Dhand

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 17650/2024 1. Rohitash S/o Late Hariram, R/o Loyal, Tehsil Kherti, District Jhunjhunu 2. Ramesh S/o Late Hariram, R/o Loyal, Tehsil Kherti, District Jhunjhunu ----Petitioners Versus 1. Ranveer S/o Shivlal, R/o Loyal, Tehsil Kherti, District Jhunjhunu 2. Mukesh S/o Late Hoshiar Singh Grandson Shivlal, R/o Loyal, At Present E-112, Indira Nagr, Jhunjhunu 3. Nopa Devi W/o Late Hariram, R/o Loyal, Tehsil Kherti, District Jhunjhunu 4. Ramsingh S/o Late Hariram, R/o Loyal, Tehsil Kherti, District Jhunjhunu 5. Rajbala W/o Mahipal, R/o Loyal, Tehsil Kherti, District Jhunjhunu 6. Virendra S/o Mahipal, R/o Loyal, Tehsil Kherti, District Jhunjhunu 7. Umed S/o Late Shivlal, R/o Loyal, At Present R/o C- 201, Basant Vihar Jhunjhunu 8. Sunita D/o Late Shivlal W/o Rajendra, R/o Loyal, At Present R/o C-85 Basant Vihar, Jhunjhunu 9. Manish S/o Shivlal, R/o Loyal, At Present R/o C-85 Basant Vihar, Jhunjhunu 10. Anjana S/o Shivlal, R/o Loyal, At Present R/o C-85 Basant Vihar, Jhunjhunu 11. Sushila W/o Late Hoshiyar Singh, R/o Loyal, At Present R/o E-112, Indira Nagar, Jhunjhunu 12. Suman D/o Late Hoshiyar Singh W/o Deepak Singh, R/o Loyal, At Present R/o Ward No.24, Near Panchdev Mandir, Jhunjhunu 13. Kavita D/o Late Shri Hoshiyar Singh W/o Arun Kumar, R/o Loyal, At Present R/o C-87, Basant Vihar, Jhunjhunu 14. Bimla D/o Late Guganram, R/o Loyal, At Present R/o (2 of 3) [CW-17650/2024] Palota, Tehsil Buhana, District Jhunjhunu 15. Indira D/o Late Guganram W/o Vijendra, R/o Loya, At Present R/o House No. 169, Ganesh Nagar Vistar, Kalwar Road, Jaipur 16. Sumita D/o Late Guganram W/o Ravindra, R/o Loyal, At Present R/o Gorir, Tehsil Khetri, District Jhunjhunu 17. Urmila D/o Late Guganram W/o Mansingh, R/o Loyal, At Present R/o Gorir, Tehsil Khetri, District Jhunjhunu ----Respondents For Petitioner(s) : Mr. Dharmendra Choudhary For Respondent(s) : Mr. V.K. Tamolia JUSTICE ANOOP KUMAR DHAND Order 08/04/2025 1. By way of filing this writ petition, a challenge has been led to the impugned order dated 16.08.2024, by which further proceedings of the Revenue Appellate Authority and operation of the order dated 26.07.2024 has been stayed till the next date i.e. 14.10.2024. 2. Counsel for the petitioner submits that against the order dated 26.07.2024 passed by the Revenue Appellate Authority, the respondents preferred an appeal before the Board of Revenue (hereinafter referred as ‘the Board’), where the petitioners appeared as caveator and sought time to file power. Counsel submits that the next date posted before the Board was fixed as 14.10.2024, but without hearing the arguments, the impugned order has been passed. Counsel submits that under these circumstances, interference of this Court warranted. (3 of 3) [CW-17650/2024] 3. Per contra, learned counsel for the respondents opposed the arguments and submitted that copy of the appeal was supplied to the petitioners way back on 02.08.2024 and thereafter, the order impugned has been passed for a particular date only. Counsel submits that the petitioner has already submitted an application for recalling of the aforesaid order before the Board on 23.08.2024 and simultaneously, he has approached this Court by way of filing the instant writ petition. Counsel submits that the Board is seized of the matter, hence, interference of this Court is not warranted. 4. Heard and considered the submissions made at the Bar and perused the material available on the record. 5. Without entering into the controversy involved in the matter, but looking to the fact that for recalling of the order dated 16.08.2024, an application has already been preferred by the petitioner on 23.08.2024 and the said application is still pending for adjudication, this Court deems it just and proper to dispose of the instant writ petition by issuing directions to the Board to decide the said application expeditiously, as early as possible, preferably within a period of three months from the date of receipt of certified copy of this order, strictly in accordance with law, after hearing the arguments of both the sides. 6. The stay application and all pending applications, if any, also stand disposed of. (ANOOP KUMAR DHAND),J KuD/6