ROOGHA RAM Vs. BOARD OF REVENUE

JUDGEMENT

(1.) Heard learned counsel for the petitioners.

(2.) In this case the petitioner is challenging the order passed by the Board of Revenue dated 15.10.2008 (Annex.6) whereby directly the Board of Revenue has entertained revision petition under Section 230 read with Section 221 of the Rajasthan Tenancy Act against the order passed by the Assistant Collector cum Sub Division] Officer, Pipar City, Jodhpur dated 5.9.2008. Learned counsel for the petitioners while inviting attention of this Court towards Section 230 of the Rajasthan Tenancy Act submitted that no revision petition can be entertained against an interlocutory order. Revision petition can be entertained by the Board of Revenue against decided case where no appeal lies against the said decision of the subordinate revenue Court. But, ignoring the provisions of Section 230 of the Rajasthan Tenancy Act, directly the Revenue Board has entertained the revision petition and has passed interim order. Therefore, the same may be set aside because revision petition has wrongly been entertained by the Board of Revenue.

(3.) I have perused the order impugned. From a perusal of the cause title alongwith the order impugned it is evident that revision petition was filed under Section 230 read with Section 221 of the Rajasthan Tenancy Act. Section 221 of the Act is as follows: