LEGAL REPRESENTATIVES Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) BY means of this writ petition, petitioners have challenged the correctness and validity of the order of the Board of Revenue dated 18.1.1982 (Ex. 3) as well as the judgment dated 24.5.1979 (Ex. 2) passed by the Revenue Appellate Authority, Bikaner and prayed that the appeal, filed by the petitioners be sent back to the Revenue Appellate Authority, Bikaner for re -hearing and for deciding the same in accordance with law.

(2.) THE necessary facts for the disposal of this writ petition lie in a narrow compass. The Sub Divisional Officer, Hanumangarh assessed the agricultural land, held by assessees Manphool and his sons Nathu and Mangilal under the Old Ceiling Law and by his order dated 2.7.74 declared 155 bighas and 15 biswas agricultural holding recorded in the khatedari of Manphool and 17 bighas of land, held by Nathu and Mangilal each surplus exceeding the ceiling limit and ordered for the acquisition thereof. The said assessees challenged the said order by filing, appeal No. 112/4 before the Revenue Appellate Authority, Bikaner. The said appeal was fixed for hearing on 19.5.79. On that day, the appellants were not present but their advocate appeared before the Revenue Appellate Authority and pleaded no instructions. The Revenue Appellate Authority treated the appellants to be present in the Court through their advocate, who did not argue the appeal. The Revenue Appellate Authority therefore, after perusing the record of the case by his judgment dated 24.5.79 dismissed the appeal on merits. Manphool, Nathu and Mangilal aggrieved by the said judgment filed Revision Petition No. 182/79/T.A./ Ganganagar under Section 230 of the Rajasthan Tenancy Act, 1955 (in short 'the Act, 1955') before the Board of Revenue for Rajasthan, Ajmer. The learned Member of the Board of Revenue by his order dt. 18.1.82 (Ex. 3) partly accepted the revision petition and treated the judgment dt, 24.5.79 (Ex. 2), passed by the Revenue Appellate Authority as one of dismissal of appeal under Order 41 Rule 17 CPC. A review petition under Section 229 of the Act, 1955 was filed on behalf of the said assessees wherein they prayed that the Revenue Appellate Authority should have been directed to decide the appeal on merits. After hearing the appellants. The learned Member of the Board of Revenue however did not accede to the request of the assessees and by his order dated 1.9.82(Ex. 4) dismissed the review petition. Hence this writ petition.

(3.) BY order dated 13.7.79, respondents No. 4 to 6 were impleaded in this writ petition. However, they have preferred to remain absent.