KHEMRAJ Vs. BOARD OF REVENUE RAJASTHAN AJMER

JUDGEMENT

(1.) THE matter has come up on an application under Article 226 (3) of the Constitution of India for vacating the interim order dated 4-7-2012. With the consent of the parties the writ petition is however being disposed of.

(2.) COUNSEL for respondent Mr. Garg submits that the order dated 13-6-2011 passed by the Board of Revenue (herein after 'the Board) is a legal and valid order in the context the about three opportunities having earlier been provided to petitioner, as appellant before the Board, to argue on stay application where under he was enjoying interim order dated 2-3-2012. It is submitted that even otherwise there is no merits in the case of petitioner as the petitioner is not a recorded khatedar and not in possession of parcel of land in dispute. It is submitted that proceedings before the Board in appeal arise out of a challenge to the order on an application for interim relief before the Revenue Appellate Authority Jaipur, and rather than pursue the meritless matter before the Board, the petitioner ought to have pursued the appeal before the Revenue Appellate Authority. Counsel for respondent submits that though the appeal before the Board is without any substance, the petitioner is only seeking to raise complications in the dispute by prolonging the appeal after obtaining the interim order dated 2-3-2012 such that to the world at large clouds of litigation continue to hang over the property in issue and suppress its value.

(3.) COUNSEL for the petitioner Mr.Lokesh Sharma has admitted that the petitioner is not in possession of parcel of land. Therefore it is directed that during pendency of the stay application before the Board both the parties maintain status quo.