DHANSINGH Vs. STATE AND ANR.

JUDGEMENT

(1.) This writ petition is directed against the order dated 5-5-87 passed by Revenue Appellate Authority in appeal of Dhan Singh Vs. Nanda & others (Annx. 1). by notification dated 1-8-86 (Annx. 2), the Revenue Appellate Authority Jodpur First was conferred with territorial jurisdiction of two Districts viz. Nagaur and Jodhpur, with its Head-quarter at Jodhpur. By further notification dated 22-12-86 (Annx 4), the Revenue Appellate Authority Jodhpur First was directed to decide the cases of Nagaur district by sitting at Nagaur for 10 days in a month. When an appeal along with stay application was presented, the Revenue Appellate Authority passed an order stating that in compliance of the Government Notification dated 22-12-86, it will not hear even the matter of an urgent nature at Jodhpur and the Revenue Appellate Authority directed to put up the matter at Nagaur-camp on 27-5-87. Suffice it to say that the notification for holding the camp-court for 10 days at Nagaur, has only been issued with a view to facilitate disposal of the cases relating to Nagaur district. The litigants of Nagaur District may not be required to come to Jodhpur. They may get their cases heard and disposed of at Nagaur. The Head-quarter of Revenue Appellate Authority, Jodhpur-First is at Jodhpur. The matters are required to be entertained by the Revenue Appellate Authority at Jodhpur and if in those implicit that necessary orders are required to be passed in those applications while entertaining the matters at Jodhpur. It was really very strange on part of the Revenue Appellate Authority to have passed the impugned order. The facility given under notification dated 22-12-86 (Annx. 4), is an additional facility and by this facility, it cannot be taken that the matters arising from Nagaur district are to be heard and disposed of only at Nagaur. What is pertinent and significant is that, the jurisdiction vested in the Revenue Appellate Authority is in respect of two districts. Holding court at a particular place not in any way take away the jurisdiction vested in the Revenue Appellate Authority. So, the Revenue Appellate Authority Jodhpur-First has jurisdiction and is competent to pass orders even in the matters relating to Nagaur District while sitting at Jodhpur.

(2.) In the above view of the matter, the order dated 5-5-87 does not appear to be correct.

(3.) The writ petition is, therefore, allowed. The Revenue Appellate Authority is directed to hear the stay application of the petitioner at Jodhpur and pass any interim order on merits in accordance with law. Petition allowed.