FIRM MURLIDHAR ISHWARDAS Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) IT is unfortunate that this petition of 1987 challenging the impugned order passed by the Revenue Board on 13.5.1987 (Ex. 3) has reached final hearing today, almost after 10 years. The impugned order passed by the Board of Revenue allowing the revision petition filed by the State Govt. and setting aside the order passed by the Revenue appellate authority on 19.2.1979 remanding the matter to the Tehsildar to decide it in accordance with law is absolutely a shocking order. Even if the Court is confirming the order passed by its sub -ordinate court then also it is required to record some reasons, if not detail reasons. While concurring the order passed by the courts below atleast it is required to assign proper reasoning. It cannot straight away allow the matter in two lines by stating that both the parties were heard and the order passed by the subordinate court is considered. The submissions made by the Govt. Advocate are required to be accepted and hence the matter is to be allowed. This has been done by the Revenue Board in the instant case while allowing the revision petition filed by the State Govt. the Revenue Board has observed as under: .........[vernacular ommited text]...........

(2.) LEARNED Counsel shri Singhvi for the respondent was very much right in submitting that the Revenue Board had jurisdiction to pass the order and it has decided against the petitioner. Therefore, this Court should not exercise its powers under Article 227 of the Constitution of India when writ of certiorari is asked for But, the question is whether the Revenue Board has at all exercised its jurisdiction. The manner in which the Revenue Board has allowed the revision petition and set aside the order passed by the revenue appellate authority is highly deplorable. It amounts to non exercise of jurisdiction vested in the Revenue Board. Hence, this Court has no alternative but to interfere and set aside the impugned order at Ex. 3 dated 13.5.1987.