STATE Vs. AMOLAK CHAND

JUDGEMENT

(1.) THE petitioner -State of Rajasthan has challenged in this petition the impugned judgment and order dated 5. 10. 96 (Annex. 2) passed by the Board of Revenue dismissing its revision only on the ground of delay in filing the same late without going into the merits of the case.

(2.) LEARNED counsel Mr. Maheshwari appearing for the private respondents submitted that this Court dismissed identical writ petition no. 318/98 on 3. 2. 99 and relying upon the same judgment, identical group of petitions no. 730/98 and allied matters were also dismissed by this Court on 15. 2. 99. He submitted that this is also an identical matter, therefore, this petition be straightway dismissed in terms of the aforesaid judgment.

(3.) ON merits, learned counsel Mr. Soni submitted that the value of each pro-perty was nearly Rs. 5 lakhs instead of that in the documents, the value is put only Rs. 1 lakh which is very less. This way, the State is put to a great loss. He submitted that the learned Collector was wholly wrong in rejecting the reference submitted before him. He submitted that under the circumstances, the Board of Revenue ought to have condoned the delay which is hardly six months in this case and then it should have decided the revision on merits.