SURJEET SINGH Vs. BOARD OF REVENUE & ORS.

JUDGEMENT

(1.) The present appeal arises from order dated 07/01/2014 dismissing S.B. Civil Writ Petition No. 10361/2012 declining interference with the order passed by the Board of Revenue dated 07/02/2012 allowing the application for review preferred by respondent No. 5 against the order dated 14/10/2005 passed by the Board of Revenue earlier dismissing the revision preferred by respondent No. 5.

(2.) Learned counsel for the appellant submits that allotment of the lands in the name of the appellant at Village Thikariya, Tehsil Bayana was cancelled by the Tehsildar in favour of respondent No. 5 by an ex-parte order without service of notice. The Additional Collector wrongly declined interference in appeal. The second appeal preferred by the appellant before the Revenue Appellate Authority was allowed on 06/03/1999 and the matter was remanded to the Tehsildar to pass fresh appropriate orders in accordance with law after hearing the parties. Aggrieved by the same, respondent No. 5 preferred a revision before the Board of Revenue, which dismissed it on 14/10/2005. Aggrieved thereby, respondent No. 5 preferred a review application before the Board of Revenue in 2005 itself, which came to be decided on 07/02/2012. Apparently, on the face of it, there was no error apparent on the face of the record leading to a wrong determination of question for decision followed by a wrong conclusion. The only error was a typographical mistake when the order dated 15/12/1993 was attributed to the District Collector while it had been passed by the Tehsildar Bayana. The learned Single Judge therefore erred in concluding that no prejudice would be caused to the appellant if the revision was heard all over again.

(3.) Learned counsel for respondent No. 5 supported the order under appeal urging that no prejudice would be caused to the appellant as he would have an opportunity to raise all questions before the Board of Revenue under the revisional jurisdiction.