ARJUN Vs. BOARD OF REVENUE AND OTHERS

JUDGEMENT

(1.) Heard learned counsel for the petitioner and perused order passed by the Board of Revenue.

(2.) The relevant facts giving rise to this writ petition are as follows:-

(3.) Learned counsel for the petitioner contended that when a reference was made under Sec. 218 of the Act by the Additional Commissioner with the observation that the order of mutation passed by the trial court was illegal, the reference could not be dismissed in default and the Board of Revenue acted illegally and without jurisdiction in dismissing it. Learned counsel further contended that when the record of the case was summoned and it was before the Board of Revenue, the revision could not be dismissed in default and it should have been restored. He further pointed out that sufficient reasons were shown for restoring the revision and the Board of Revenue acted illegally in dismissing it. In support of his contention learned counsel placed reliance upon a decision of this Court in Mohammad Sajed Quresi and another Vs. Mst. Sabira and another, 1976 A.W.C. 775 wherein it was observed that:-