HEERA LAL Vs. BOARD OF REVENUE

JUDGEMENT

(1.) Instant petition has been filed against order dt.04/01/2010 (Ann.5) passed by Board of Revenue, Ajmer whereby while accepting appeal preferred by respondent-Municipality Kotputli (Jaipur), matter has been remitted back to the Additional Collector for examining the issues afresh in accordance with law.

(2.) Counsel submits that once suit for declaration & permanent injunction filed by predecessor in title of petitioners has been decreed in their favour vide judgment dt. 29/12/1962, proceedings initiated against him on submission of application by Tehsildar (Land Records) Under Section 14(4) of Rajasthan Land Revenue (allotment of Land for Agricultural Purposes) Rules, 1970 ("Allotment Rules, 1970"), which was accepted by Additional Collector, Kotputli vide order dt.31/12/2003, are wholly without jurisdiction; as such the Board of Revenue has committed a patent illegality in remanding the matter back to the original authority having no jurisdiction.

(3.) Counsel further submits that the Board even in para 12 of order impugned has recorded its own observation in regard to scope of R.14 (4) of Allotment Rules, 1970; as such there was no justification for the Board to have remitted the matter back to the original authority.