M.N.BHANDARI,J. - (1.) By this writ petition, a challenge is made to the order dated 21st February, 2012 passed by the Board of Revenue.
(2.) It is a case where a suit was filed by respondent No.5 Maszid Nargan Shah under Section 183 of the Rajasthan Tenancy Act, 1955 to seek possession of the land given to the petitioner for a period of 16 years. During pendency of the suit, an application under Order 7, Rule 11 CPC was filed by the petitioner to challenge the jurisdiction of the revenue court. It is after alleging that property in dispute belongs to the Wakf Board. The application aforesaid was kept pending for its disposal along with suit. An application under Order 1, Rule 10 CPC was also filed.
(3.) The SDO Court thereupon decided the suit without giving an opportunity to the petitioner to lead evidence. The petitioner preferred an appeal before the Revenue Appellate Authority which set aside the order of the SDO court with remand of the case. It is not only in reference to procedural lapses but taking into consideration that even opportunity to lead evidence was not given to the petitioner. Many other issues were considered therein for remand of the case. Both the parties i.e. petitioner and respondent No.5 preferred appeals before the Board of Revenue. The Board of Revenue found that entire material was before the Revenue Appellate Authority thus instead of remanding the case, it should have decided the case.;