- (1.) THIS petition has been filed challenging the order dated 18.11.2011, passed by the Board of Revenue, Ajmer in an appeal No.4993/2008/Bharatpur wherein a direction has been made for allotment/regularization of land admeasuring 0.93 hectare in khasra No.133 at Village Vijay Nagar, Tehsil Kumher, District Bharatpur to the respondent No.5, Bodan Singh.
(2.) THE case of the petitioners is that the issue in appeal No.4993/08 before the Board of Revenue was with regard to the refusal of the RAA to issue direction for additional allotment of land ad measuring 0.40 hectare in khasra No.133, Village Vijay Nagar, Tehsil Kumher to the respondent No.5, Bodan Singh and even while dismissing the appeal on the issue of further allotment of land admeasuring 0.40. hectare, the Board of Revenue exceeded its jurisdiction in issuing a direction for allotment/regularization of land admeasuring 0.93 hectare in Khasra No.133 to the respondent No.5. Counsel for the petitioners submits that the effect of the impugned order dated 18.11.2011 is that the order of the RAA passed on 05.04.2008 remanding the matter for the consideration of the legality of the allotment of land admeasuring 0.93 hectare in Khasra No.133 to the respondent No.5, has been rendered otiose. Counsel further submitted that in fact prior to the passing of the order dated 18.11.2011 by the Board of Revenue, the allotment committee had recommended the cancellation of allotment of land admeasuring 0.93 hectare in Khasra No.133 to the respondent No.5. It is submitted that the order of cancellation dated 09.05.2011 would also be overlooked in view of the order dated 18.11.2011, passed by the Board of Revenue. I have heard the counsel for the petitioners and perused the writ petition as also annexures thereto. From the records of the case it appears that on the matter coming up before the Board of Revenue in Appeal Nos.4995/2008 and 4996/2008, the said appeals were withdrawn by the respondent No.5, Bodan Singh with reference to the order dated 18.11.2011, passed by the Board of Revenue in Appeal No.4993/2008. At the time of withdrawal of the said appeals in view of the relief already obtained qua the allotment of land admeasuring 0.93 hectare in khasra No.133, the counsel for the petitioners, present before the Board of Revenue, did not object to the appeal Nos.4995/2008 and 4996/2008 being disposed of by the Board of Revenue vide order dated 28.02.2012 in view of its earlier order dated 18.11.2011. It is not for the petitioners to have conceded to the disposal of the appeal Nos.4995/2008 and 4996/2008 in view of the order dated 18.11.2011 before the Board of Revenue and now seek to challenge the order dated 18.11.2011 passed by the Board of Revenue. However, the counsel for the petitioners submitted that the allotment of land admeasuring 0.93 hectare in khasra No.133 to the respondent No.5 had been cancelled vide order dated 09.05.2011 as per the reconsideration of the allotment committee. Having heard the counsel for the petitioners, I am of the view that if the petitioners are aggrieved of the order dated 18.11.2011, passed by the Board of Revenue on any count whatsoever whether on ground of non-compliance with the principles of natural justice or further that the Board of Revenue was not made aware of the order dated 09.05.2011 passed on reconsideration of the matter by the allotment committee on cancellation of the allotment to the respondent No.5 of the land admeasuring 0.93 hectare in khasra No.133, the petitioners are free to approach the Board of Revenue by way of a review petition and bring the aforesaid facts to its notice.
(3.) IN the event, the petitioners file a review petition along with an application for condonation of delay, the Board of Revenue shall consider the application for condonation of delay in accordance with law in the context of the petitioners having approached this Court by way of this writ petition No.5133/2012 which was filed on 07.04.2012. If delay is condoned, the review petition on the merits of the case be considered in accordance with law and disposed of. The writ petition stands dismissed with the aforesaid observations. Stay application is also dismissed.;