KARTAR SINGH Vs. BOARD OF REVENUE

JUDGEMENT

(1.) In this special appeal, an application has been moved with a prayer that in view of the judgment delivered by the Hon'ble Division Bench of this Court in D.B. Special Appeal (Writ) No.436/2009, Sukhdev Vs. Prakash Chand and other three special appeals on 16.04.2010, no intra-court appeal shall lie from an order passed by the learned Single Judge while exercising powers under Article 227 of the Constitution of India, therefore, this special appeal deserves to be dismissed being not maintainable in view of the above judgment.

(2.) It is contended by learned counsel for the respondent-applicant that in this special appeal, judgment dated 31.08.2009 passed in S.B. Civil Writ Petition No.5429/2005, Kartar Singh Vs. Board of Revenue & Others, is challenged and said judgment has been passed by the learned Single Judge in exercise of power conferred by Article 227 of the Constitution of India. Further, it is contended that the learned Single Judge has examined the validity of the order passed by the Board of Revenue while exercising supervisory jurisdiction over the subordinate courts. Therefore, in view of judgment of the Division Bench dated 16.04.2010, this special appeal is not maintainable.

(3.) Per contra, learned counsel appearing on behalf of the appellant submits that judgment of the Division Bench of this Court dated 16.04.2010 is not applicable in this case because the question with regard to maintainability of the special appeal against the judgment of the learned Single Judge has already attained finality in view of the two Full Bench judgments of this Court in 2003 (2) WLC 235, State of Rajasthan Vs. V.R.C. Mishra, and 2005 (2) WLC 305, Ramesh Chandra Tiwari & Others Vs. Board of Revenue & Others, in which specific question was formulated and answered in the affirmative.