RAWAT SINGH Vs. SHAITAN SINGH

JUDGEMENT

(1.) By this writ petition, a challenge is made to the order dated 16th November, 2015 passed by the Board of Revenue on an application under Section 221 of the Rajasthan Tenancy Act, 1955 (for short "the Act of 1955").

(2.) It is a case where a suit was preferred by the petitioner under Section 88 of the Act of 1955. A preliminary decree was drawn in his favour. The non-petitioners challenged the decree before the Revenue Appellate Authority. The petitioner maintained an application under Section 212 of the Act of 1955 apprehending sale of the land in the hands of the non-petitioners during pendency of the appeal. The application aforesaid was allowed by the ACM vide its order date 01st August, 2013. The non-petitioners preferred an appeal against the said order. The appeal was allowed by the Revenue Appellate Authority without giving notice to the petitioner thus order aforesaid was passed in violation of procedure provided for hearing the appeal as well as the principles of natural justice.

(3.) The petitioner challenged the order passed by the Revenue Appellate Authority by maintaining a revision petition before the Board of Revenue. The Board of Revenue found that the Revenue Appellate Authority has passed the order dated 09th September, 2014 without hearing the petitioner thus order dated 09th September, 2014 was modified with a direction on the respondents not to alienate the property. The order aforesaid was passed to save the parties to unnecessary litigate on the application under Section 212 of the Act of 1955 when preliminary decree exists in favour of the petitioner. The non-petitioners preferred a review petition against the said order which was dismissed vide order dated 23rd April, 2015. The non-petitioners then preferred an application under Section 221 of the Act of 1955. Section 221 of the Act of 1955 is quoted hereunder for ready reference :