PRAKASH Vs. BOARD OF REVENUE RAJASTHAN
LAWS(RAJ)-2012-8-83
HIGH COURT OF RAJASTHAN
Decided on August 07,2012

PRAKASH Appellant
VERSUS
BOARD OF REVENUE RAJASTHAN Respondents

JUDGEMENT

ALOK SHARMA, J. - (1.) THIS writ petition has been filed against the order dated 06.07.2012, passed by the Board of Revenue, Ajmer refusing to exercise its revising power under Section 230 of the Rajathan Tenancy Act, 1955 (hereinafter 'the Act of 1955') and not interfering with the order dated 17.04.2012, passed by the RAA, Jaipur.
(2.) I have heard the counsel for the petitioner and perused the order dated 06.07.2012, passed by the Board of Revenue, the order dated 17.04.2012, passed by the RAA as also the order dated 12.03.2012, passed by the SDO, Kotputli. From the facts as evident from the file, it transpires that in the suit for declaration, injunction and correction of entries filed by the petitioner as plaintiff before the SDO, Kotputli on the accompanying application under Section 212 of the Act of 1955, vide order dated 12.03.2012 the SDO Kotputli passed an ex-parte ad-interim order directing to maintain status quo till 09.04.2012. It appears that thereafter the interim order was not extended. Consequently, the respondents-defendants had moved an appeal before the RAA, Jaipur whereupon the RAA, Jaipur on the basis of the record before it concluded that as the ad-interim ex-parte order was limited to 09.04.2012 and had not thereafter been extended, the appeal filed by the respondents-defendants was not maintainable. The RAA, Jaipur directed the SDO, Kotputli to dispose of the application under Section 212 of the Act of 1955 filed by the petitioner-plaintiff on the next date of hearing.
(3.) THE application under Section 212 of the Act of 1955 at the instance of the petitioner-plaintiff admittedly is pending before the SDO, Kotputli. The counsel for the petitioner submits that an application has been filed by the petitioner-plaintiff before the SDO, Kotputli to dispose of the application under Section 212 of the Act of 1955 and pass orders thereon but to no avail.;


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