MOHAN RAM Vs. BOARD OF REVENUE FOR RAJASTHAN

JUDGEMENT

(1.) THE petitioner has filed the instant writ petition challenging the order passed by the Assistant Collector and Assistant Colonisation Commissioner on 1. 7. 91, Anx. 3, order passed by the Additional Colonsation-cum-Revenue Appellate Authority, Bikaner on 12. 10. 93, Anx. 4, and the order passed by the Board of Revenue on 22. 7. 96, Anx. 5 to the writ petition appointing receiver in respect of the land in question.

(2.) THE aforesaid orders have been passed by the above mentioned courts in exercise of its power under Section 212 of the Rajasthan Tenancy Act, 1955. Thus petitioner's claim opposing appointment of receiver has been negatived by all the courts below.

(3.) INDISPUTABLY the aforesaid judgment has attained finality and as such the petitioner cannot be allowed to claim prima facie title over the land in question on ground of remand. In fact case was remanded to hand over possession within two months to respondent No. 4 Narain Ram together with suggestion to trail court on compassionate ground to allot petitioner land in lieu of the land in question although lis between the parties in respect of land in dispute was finally decided by respondent No. 2 on 19. 7. 85.