PATWARI Vs. BOARD OF REVENUE

JUDGEMENT

(1.) AGRICULTURAL land which is subject matter of dispute, was allotted in favour of sixth respondent (for short the allottee) by Sub District Collector Gangapur City on January 31, 1992. The petitioners assailed the order of allotment by making application under Rule 14 (4) of the Rajasthan Land Revenue (Allotment of Land for AGRICULTURAL Purposes) Rules 1970 (for short 1970 Rules ). The Additional District Collector Sawai Madhopur allowed the application and set aside the allotment vide order dated December 22, 1993. Appeal preferred by the allottee against the order of Additional District Collector was accepted by the Revenue Appellate Authority Sawai Madhopur vide judgment dated July 14, 1995 and the allotment of land was held valid. The petitioners assailed the order of the revenue appellate authority before the Board of Revenue Ajmer (for short the Board) by filing revision under Sec. 83 of the Rajasthan Land Revenue Act 1956 (for short 1956 Act ). The Board dismissed the revision petition as not maintainable vide order dated Feb. 28, 1996. Against this order of the Board that the present action for filing the writ petition has been resorted to by the petitioners.

(2.) I have heard the rival submissions and scanned the material on record.

(3.) THE term `original order' connotes first, the earliest or an initial order not derivative or dependent on some other order. THE term `original order' means an order of the trial court in exercise of its original jurisdiction against which a right to first appeal under section 75 of 1956 Act, a right to revision or review under sections 82, 84a and section 85a and 86 respectively is available and not exhausted. In Blacks Law Dictionary `order' means "a mandate precept, a command or direction authoritatively given". In Code of Civil Procedure the term "order" has been defined in Sub-section (14) of section 2 as `formal expression of any decision of a civil court which is not a decree. ' THE word `order' is a well known legal expression and is generally understood as a command or a direction by a court or an authority intended to affect the rights of the parties.