RAMCHANDRA Vs. REGIONAL FOREST OFFICER

JUDGEMENT

(1.) HEARD the learned counsel for the appellant.

(2.) THE petitioner/appellant has preferred this special appeal against order dated 29th February, 2012 passed by Single Bench, whereby writ petition filed by petitioner/appellant, against order of Division Bench of Revenue Board dated 25th January, 2012, has been dismissed.

(3.) THEREAFTER, the Revenue Appellate Authority vide its judgment dated 2nd January, 2012 considered the case on merits and examined revenue record available on record. Ex.P1 is the copy of mutation, according to which, the land bearing Khasra No.39 measuring 2 Bighas & 2 Biswas was recorded in the name of Forest Department and name of plaintiff was recorded as tenant. Ex.P2 is the copy of Jamabandi i.e. document of title, according to which, land bearing Khasra No.39 measuring 51 Bighas & 15 Biswas was recorded in the name of Forest Department. Ex.P3 is the copy of Jamabandi and according to it, land bearing Khasra No.39 measuring 2 Bighas 2 Biswas was recorded in the name of Forest Department. Revenue Appellate Authority was of the view that the other documents are not available on record, therefore further evidence in the case is necessary. As per proceedings of the trial court dated 29th May 2000, ex parte proceedings were drawn against defendants as they were not present. The defendants filed an application for setting aside the ex parte proceedings, but their application was dismissed and an ex parte decree was passed on 25th September, 2000. In these circumstances, the Revenue Appellate Authority vide its judgment dated 2nd January, 2012 allowed the appeal of defendants in part and while setting aside the ex-parte judgment and decree dated 25th September, 2000 passed by the trial court, remitted the matter to the trial court for deciding the matter afresh, after affording an opportunity to the appellants i.e. defendants, to lead evidence and of hearing. Parties were directed to appear before the trial court on 13th February, 2012.