RAM NARAYAN SON OF SHRI NOLA MALI, RESIDENT OF MACHADI, TEHSIL RAIGARH, DISTRICT ALWAR THROUGH HIS LEGAL HEIRS Vs. THE BOARD OF REVENUE FOR RAJASTHAN, AJMER

JUDGEMENT

(1.) By this writ petition, orders dated 3.10.1985, 20.12.1999 and 10.02.2004 have been challenged. In a revenue suit filed by the plaintiff-respondent-Basanti Lal under section 188 of the Rajasthan Tenancy Act (for short the Act of 1955), an application under section 212 of the Act, 1955 was filed by him. The SDO Court dismissed the application with a direction to the plaintiff-Basanti Lal not to interfere in the possession of defendant-petitioner Ramnarayan. On an appeal, the order was reversed by the Revenue Appellate Authority (RAA) and, finally, it went to the Board of Revenue, where the appeal preferred by the petitioner was dismissed. On issuance of the notice by this court, an order for maintaining status quo was passed but the interim order of this court was thereupon vacated on 13.11.2007.

(2.) The writ petition is pending for last twelve years and it is alleged that even the revenue suit has not been decided due to pendency of the present writ petition though it is only in reference of the application under section 212 of the Act of 1955. The private respondents are in possession of the property in pursuance of the order passed by the Revenue Appellate Authority and the Board of Revenue. The stay order has been vacated thus no purpose remains to keep this writ petition pending after vacation of the interim order thus while dismissing the writ petition, a direction is given to revenue court to expedite the proceedings and decide the suit within a period of six months from the date of receipt of copy of this order. The decision of the revenue suit would determine rights of the parties, which is lying pending for last many years due to pendency of the present writ petition on an application under section 212 of the Act of 1955. Petition Dismissed.