PHOOLA DEVI Vs. GYARSA

JUDGEMENT

(1.) This writ petition under Art. 227 of the Constitution of India has been filed against the order dtd. 10/8/2020 passed by the Board of Revenue, Rajasthan, Ajmer (for brevity "the Board") whereby, the revision petition filed against the order dtd. 18/5/2018 passed by the Assistant Collector, Behror, Alwar allowing the temporary injunction filed by the petitioner-plaintiff, has been allowed and the matter was remanded back for decision afresh.

(2.) Learned counsel for the petitioner submitted that the Board erred in entertaining the revision petition inasmuch as an appeal under Sec. 230 of the Rajasthan Tenancy Act, 1955 (hereinafter referred to as "the Act of 1955") lies before the Revenue Appellate Authority against the order impugned dtd. 18/5/2018 passed by the Assistant Collector, Behror, Alwar in exercise of its jurisdiction under Sec. 212 of the Act of 1955. Learned counsel submitted that the Board further erred in passing the order without issuing notices to the petitioner and without calling the record from the learned trial Court. Referring the ad-interim order dtd. 22/3/2017 passed by the trial Court in her application under Sec. 212 of the Act of 1955, he submitted that it was made absolute vide order dtd. 18/5/2018; but, on account of clerical error, the date of the order came to be mentioned as 22/3/2018 and had she was given an opportunity to appear before the Board, she would have explained the same. He, therefore, prayed for quashing the order dtd. 10/8/2020.

(3.) Learned counsel for the petitioner relied upon the judgment of this Court dtd. 29/11/2019 in case of Kanaram and Ors. versus Mahaveer and Ors. S.B. Civil Writ petition No.19960/2019 in support of his submissions.