SHANKAR ADOPTED Vs. BODU S/O BHAIRU

JUDGEMENT

(1.) The instant writ petition has been filed by the petitioner challenging the order dated 16.07.2019 passed by the Board of Revenue in revision petition filed by the respondents. The Board of Revenue has issued notices on 16.07.2019 after admitting the revision petition and further on stay application, the order dated 27.05.2019 passed by the Revenue Appellate Authority, has been stayed.

(2.) Counsel for the petitioner submitted that the order dated 18.04.2019 passed on an application filed under Section 251 A of the Rajasthan Tenancy Act was put to challenge by the petitioner before the Revenue Appellate Authority and the Revenue Appellate Authority on 27.05.2019 after considering the prima facie case, had stayed the operation of order dated 18.04.2019. Counsel submitted that the revision petition filed by the respondents was not maintainable against interim order dated 27.05.2019 and as such the Board of Revenue has committed illegality in entertaining the revision petition and further passed the order dated 16.07.2019 while staying the operation of order dated 27.05.2019, passed by the Revenue Appellate Authority. Counsel submitted that the Board of Revenue ought to have considered the order passed on the application under Section 251 A of the Rajasthan Tenancy Act was a prima facie illegal order and as such the Appellate Authority on 27.05.2019, had stayed the operation of the said order in favour of the petitioner.

(3.) Counsel appearing for the respondent-caveator submitted that the order dated 16.07.2019 passed by the Board of Revenue does not require any interference. Counsel further submitted that on 05.08.2019, the right of way, as ordered under Section 251 A, has been made use of, by removing of encroachment as such the order dated 16.07.2019 passed by the Board of Revenue has been complied with. Counsel for the respondents further submitted that the respondents further deposited Rs.155520/- as per directions given by the SDO Shahpura.