KARAN SINGH Vs. STATE

JUDGEMENT

(1.) IN the six writ petitions each of the petitioners seek to challenge the impugned judgment of the Board of Revenue passed in each case and pray for quashing the impugned judgment in respective cases.

(2.) EACH of the petitioners had obtained 'decree in his favour which was not appealed against and the decree became final. Despite appeals having rot been filed against the respective decrees the Collector made reference under Section 23/ of the Rajasthan Tenancy Act, hereinafter called the Tenancy Act for setting aside the decree passed in various suits ii favour of the respective petitioners. The Revenue Board entertained the reference and set aside the respective decrees. It is in these circumstances that the petitioners challenge the judgment of the Revenue Board in these cases and pray for quashing the same.

(3.) IT has been strenuously urged by the earned Counsel for the petitioners that it was not within the competence of the Collector to make a reference under Section 232 of the Tenancy Act for setting aside the decree as the decrees do not fall within the purview of Section 232. It has been submitted that reference under Section 232 can be made for setting aside the order only and not for setting aside the decrees.