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[2025:RJ-JP:7050] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 2503/2025 Shivdayal S/o Late Sitaram, Age About 36 Years, R/o Jolanda Tehsil Malarna Dungar District Sawaimadhopur (Raj.) ----Petitioner/Defendant Versus
1. State Of Rajasthan, Through Sub-Divisional Magistrate, Malarna Dungar District Sawaimadhopur (Raj.)
2. State Of Rajasthan, Through Tehsildar (Land Revenue) Malarna Dungar District Sawai Madhopur (Raj.) ----Respondents/Defendants
3. Smt. Madi Devi, W/o Laxman
4. Smt. Phula Devi W/o Motilal, Through Legal Hair 4/1. Vijendra Singh, S/o Motilal
5. Rukmani Devi W/o Ramcharan All R/o Village Pura Post Jolanda Tehsil Malarna Dungar District Sawaimadhopur(Raj.) -----Respondents/Plaintiffs
6. Parsadi Devi, W/o Sitaram
7. Mukesh, S/o Sitaram
8. Jamnadevi, W/o Laxman
9. Ramesh, S/o Sitaram
10. Suresh, S/o Sitaram
11. Mukeshi, W/o Mukesh
12. Asha, W/o Shivdayal
13. Seema, W/o Ramesh
14. Sarif Sai, S/o Manphul
15. Bundo, W/o Sarif
16. Sabu Sai, S/o Manphul
17. Rasidan, W/o Sabu Sai
18. Anwar S/o Sabu Sai All R/o Jolanda Tehsil Malarna Dungar District Sawaimadhopur (Raj.) ---Proforma Respondents/Defendants
[2025:RJ-JP:7050] (2 of 3) [CW-2503/2025] For Petitioner(s) : Mr. Rajendra Prasad Gautam For Respondent(s) :
HON'BLE MR. JUSTICE MAHENDAR KUMAR GOYAL
Order 18/02/2025 This writ petition is filed assailing the legality and validity of the order dated 29.08.2024 passed by the Board of Revenue, Rajasthan, Ajmer (for brevity, “BoR”) in revision petition No.5276/2024 whereby, allowing the revision petition preferred by the respondents No.3 to 5/plaintiffs (for brevity, “plaintiffs”), they were given an opportunity to cross-examine the defendant witnesses subject to a cost of Rs.5,000/- as also the order dated 14.01.2025 whereby, an application filed by the plaintiffs under Section 152 CPC was allowed and the order dated 29.08.2024 was modified in terms that the plaintiffs were given last opportunity to lead their evidence. At the threshold, in view that the order impugned advances the substantial justice, learned counsel does not press this writ petition on its merit. He, however, prays that the direction of the Board of Revenue to deposit a cost of Rs.5,000/- in the State exchequer, be modified and the cost may be directed to be paid to him. Appreciating the gesture shown by the learned counsel and taking into consideration the limited prayer made by him, this Court disposes of the writ petition in following terms without issuing notice to the respondents.
[2025:RJ-JP:7050] (3 of 3) [CW-2503/2025]
1. The writ petition is disposed of as withdrawn.
2. The direction of the BoR in its
order dated 29.08.2024 qua cost is modified in terms that the aforesaid cost shall be paid to the petitioner.
3. If the plaintiffs feel aggrieved by this order, they are at liberty to file an application for its recalling. Pending application(s), if any, also stands disposed of accordingly.
(MAHENDAR KUMAR GOYAL),J GAURAV/30