HAJARI Vs. RAMSWAROOP

JUDGEMENT

(1.) Learned counsel for the petitioners submitted that the Revenue Appellate Authority as well as the Board of Revenue have committed illegality in passing the orders, as the impact of deletion of Section 42(a) of the Rajasthan Tenancy Act, 1955 (for short "the Act of 1955") with retrospective effect has not been kept in mind.

(2.) Learned counsel submitted that the Coordinate Bench of this Court in the case of Bhawani Shankar v. Board of Revenue and Ors. reported in 2013 (3) DNJ (Raj.) 1283 has held that deletion of Section 42(a) of the Act of 1955 will have retrospective effect and if there has been procedural lacuna of not moving appropriate application to the authority concerned for validating the sale, the same is permissible by moving proper application and by paying penalty.

(3.) Learned counsel submitted that initially the Sub-divisional Officer, vide his order dated 8th July, 2002, had dismissed the suit filed by the respondent for declaration and had allowed the suit filed by the petitioners for permanent injunction.