RAM CHANDRA Vs. RAMSAHAI

JUDGEMENT

(1.) Heard.

(2.) This appeal is directed against the order dtd. 5/4/2021 passed by the learned Single Judge whereby the learned Single Judge refused to interfere with the order of the Board of Revenue which remanded the case for trial afresh.

(3.) The appellant herein filed the writ petition under Article 226 and 227 of the Constitution of India on the pleadings inter alia that their existed a dispute with regard to right in respect of the land bearing Khasra No.247/333. The dispute remained unresolved and finally the appellant filed the suit before the Sub-Divisional Officer for declaration and correction of entries in revenue records that the appellants/writ petitioners are the rightful owners of the land in dispute which has been erroneously entered in the name of respondents. The suit was dismissed against which the revision was preferred before the Board of Revenue. As the pleadings stated, the Board of Revenue passed an order on 25/7/2011 in revision directing Assistant Collector/Executive Magistrate, Amer to decide the suit No.596/2002 and suit No.368/2007 simultaneously. Thereafter, the Assistant Collector stayed the proceedings of suit No. 596/2002 and suit No.368/2007 was transferred to Assistant Collector which was re-registered as Suit No.57/2016. Framing 21 issues, the Assistant Collector decided two suits and recorded that no case was made out for grant of any relief. The order was challenged before the Revenue Appellate Authority, Jaipur (RAA) [for short 'the RAA']. The appellate authority allowed the appeal vide order dtd. 7/8/2018 and directed that the name of the appellants be mutated in Khasra No.247/333 and to remove the name of the respondents. Aggrieved of the order passed by the RAA, the respondents preferred an appeal before the Board of Revenue which vide order dtd. 3/12/2020 set aside the judgment and decree dtd. 7/8/2018 passed by the RAA. Aggrieved of the aforesaid order of the Board of Revenue, the writ petitioners approached the High Court by filing writ petition which has been dismissed vide impugned order.