GOPI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The instant writ petition under Article 226 of the Constitution of India has been filed by the petitioner-non-applicant no.4, in the matter of order dtd. 7/1/2013 passed by the Sub-Divisional Officer, Jamwaramgarh in Case No. 20/2008 whereby the application filed by the applicant-respondent no.1 (State) under Sec. 175 of the Rajasthan Tenancy Act, 1955 has been allowed while terminating the tenancy rights of the original khatedars and the possession of the land in question has been ordered to be taken by the State Government.

(2.) Against the said order dtd. 7/1/2013, an appeal bearing No. 58/2013 was preferred by the non-applicant-petitioner before the Revenue Appellate Authority wherein the Revenue Appellate Authority vide order dtd. 29/6/2016, set aside the order dtd. 7/1/2013 passed by the Sub-Divisional Officer, Jamwaramgarh and dismissed the application filed under Sec. 175 of the Rajasthan Tenancy Act, 1955 filed by the applicant-respondent no.1 (State), as time barred.

(3.) Thereafter, against the order dtd. 29/6/2016 passed by the Revenue Appellate Authority, an appeal was filed by the applicant-respondent no.1 (State) before the learned Board of Revenue and the same was registered as Appeal No. APD/TA/6466/2017/Jaipur whereby the learned Board of Revenue, vide impugned order dtd. 7/5/2018, allowed the appeal filed by the applicant-respondent no.1 (State) and set aside the order dtd. 29/6/2016 passed by the Revenue Appellate Authority and upheld the order dtd. 7/1/2013 passed by the Sub-Divisional Officer, Jamwaramgarh.