BHURA & ORS. Vs. LRS OF PYAR CHAND & ORS.
LAWS(RAJ)-2016-1-214
HIGH COURT OF RAJASTHAN
Decided on January 19,2016

Bhura And Ors. Appellant
VERSUS
LRS OF PYAR CHAND And ORS. Respondents

JUDGEMENT

Gopal Krishan Vyas, J. - (1.) Heard learned counsel for the parties.
(2.) In this writ petition, the petitioners have prayed for quashing the judgment dated 28.11.1997 passed by the Board of Revenue, Ajmer in Appeal/Decree/30/92/Chittorgarh whereby while accepting the appeal filed under Section 224 of the Rajasthan Tenancy Act, 1955, the learned Board of Revenue set aside the order dated 9.1.1992 passed by Revenue Appellate Authority, Udaipur Camp Chittorgarh and restored the order dated 11.4.1990 passed by the SDO, Chittorgarh.
(3.) Learned counsel for the petitioners submits that on the one hand the learned Board of Revenue gave finding that the Revenue Appellate Authority, Udaipur Camp Chittorgarh has not correctly disposed of appeal filed by the purchaser and the same was decided in very cursory manner and on the other hand while quashing the order of Revenue Appellate Authority, Udaipur Camp Chittorgarh and restored the order of SDO, Chittorgarh, if such finding is there than the matter was to be remanded to the Revenue Appellate Authority for deciding afresh in accordance with law. Thus, the Board of Revenue while quashing the order dated 9.1.1992 passed by the Revenue Appellate Authority, Udaipur Camp Chittorgarh and restoring the order dated 11.4.1990 passed by the SDO, Chittorgarh has committed grave error of law, therefore, the judgment impugned may be quashed and set aside and the case may be remanded to the Revenue Appellate Authority, Udaipur Camp Chittorgarh to decide the appeal afresh.;


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