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[2026:RJ-JP:1094] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 17477/2025 Jitendra Kumar Sharma S/o Shri Babulal Sharma, Aged About 36 Years, Resident Of Village Jai Nagar, Tehsil Indergarh, District Bundi (Raj.) ----Petitioner Versus
1. Ajay Mahawar S/o Babulal Mahawar, Resident Of 777, Anandpura Scheme, Pandit Deen Dayal Nagar, District Kota (Raj.)
2. Laxman S/o Ramgopal, Resident Of Village Lalpura, Tehsil Indergarh, District Bundi (Raj.)
3. Hindustan Petroleum Corporation Ltd., Registered Office, 17, Jamshed Ji Tata Road, Mumbai.
4. District Collector, Bundi.
5. State Of Rajasthan Through Tehsildar Indergarh, District Bundi. ----Respondents For Petitioner(s) : Mr. R.K. Daga For Respondent(s) : Mr. Pradeep Singh HON'BLE MR. JUSTICE MANEESH SHARMA
Order 12/01/2026
1. The present writ petition has been filed while assailing the impugned order dated 12.09.2025 passed by the learned Board of Revenue in Revision Petition No.LR/2031/2025/District Sawai Madhopur.
2. Counsel for the petitioner submits that the learned Board of Revenue erred in rejecting the application filed by the petitioner under Section 96 of Code of Civil Procedure (for short, 'CPC') for leave to file revision petition. He further submits that once the
[2026:RJ-JP:1094] (2 of 2) [CW-17477/2025] revision petition has been dismissed as non-maintainable, the learned Board of Revenue has no jurisdiction to dismiss the application filed under Section 96 of CPC on merits.
3.
Learned counsel for the respondents does not dispute the aforesaid legal proposition that Board of Revenue was not having jurisdiction to decide the application under Section 96 CPC on merits.
4. Heard and considered the submission advanced by the
learned counsel for the parties.
5. In view of the consensus arrived at between the parties, the impugned order dated 12.09.2025 passed by the learned Board of Revenue so far it relates to rejection of Section 96, CPC application is concern the same is quashed and set aside. However, the rest part of the impugned order dated 12.09.2025 is maintained. At the same time, it is made clear that if the petitioner herein files an appeal against the impugned order dated 18.10.2021 passed by the District Collector, Bundi and files a separate application under Section 96 CPC, the same shall be considered by the learned Appellate Authority on merits.
6. With the aforesaid observations, the instant writ petition stands disposed of.
7. Pending application(s), if any, also stand disposed of.
(MANEESH SHARMA),J KuD/23