LAWS(RAJ)-2012-9-183

GOPILAL Vs. STATE OF RAJASTHAN

Decided On September 27, 2012
GOPILAL Appellant
V/S
STATE OF RAJASTHAN Respondents

JUDGEMENT

(1.) THE plaintiff of the revenue suit bearing number 150/1980, has filed this writ petition essentially for being aggrieved of the judgment and decree dated 16.07.1996 as passed in Appeal No.89/93/Decree/TA/Chittorgarh whereby the Board of Revenue for Rajasthan at Ajmer ('the Board of Revenue') allowed the appeal filed by the legal representatives of the original defendants and, while setting aside the judgment and decree dated 22.07.1993 as passed by the Revenue Appellate Authority, Udaipur ('the RAA') in Appeal No. 138/1981, restored the order dated 12.06.1981 as passed by the Assistant Collector, Chittorgarh whereby the suit was dismissed as being barred by limitation.

(2.) WHILE scanning through the record, for the position as has been noticed in regard to array of parties, this Court is clearly of the view that the petitioner is not entitled now to any relief in this writ petition; and no order or direction can be issued in his favour for the judgment and decree as passed by the Board of Revenue having inseparably become final in relation to one of the defendants to the suit.

(3.) IN the present petition against the judgment and decree dated 16.07.1996 as passed by the Board of Revenue, the plaintiff-petitioner has arrayed the State of Rajasthan through the Collector, the Board of Revenue, the RAA and the Assistant Collector as respondents Nos. 1 to 4 respectively; Naru son of Bhera Bheel and Smt. Kanku wife of Bhera Bheel as respondents Nos. 5 and 6 respectively; and Nola son of Daya Ram Bheel and Mangu son of Daya Ram Bheel as respondents Nos. 7 and 8 respectively.