GOPAL KRISHAN VYAS,J. - (1.) Heard learned counsel for the petitioners.
(2.) In this case the petitioner is challenging the order passed by the Board of Revenue dated 15.10.2008 (Annex.6) whereby directly the Board of Revenue has entertained revision petition under Section 230 read with Section 221 of the Rajasthan Tenancy Act against the order passed by the Assistant Collector cum Sub Division] Officer, Pipar City, Jodhpur dated 5.9.2008. Learned counsel for the petitioners while inviting attention of this Court towards Section 230 of the Rajasthan Tenancy Act submitted that no revision petition can be entertained against an interlocutory order. Revision petition can be entertained by the Board of Revenue against decided case where no appeal lies against the said decision of the subordinate revenue Court. But, ignoring the provisions of Section 230 of the Rajasthan Tenancy Act, directly the Revenue Board has entertained the revision petition and has passed interim order. Therefore, the same may be set aside because revision petition has wrongly been entertained by the Board of Revenue.
(3.) I have perused the order impugned. From a perusal of the cause title alongwith the order impugned it is evident that revision petition was filed under Section 230 read with Section 221 of the Rajasthan Tenancy Act. Section 221 of the Act is as follows: "221. Subordination of revenue Courts.-The general superintendence and control over all Revenue Courts shall be vested in, and all such Courts shall be subordinate to the Board; and subject to such superintendence control and subordination- (a) xxx xxx xxx (b) all Additional Collectors, Sub-Divisional Officers, Assistant Collectors and Tehsildars in a district shall be subordinate to the Collector thereof. (c) all Assistant Collectors, Tehsildars and Naib-Tehsildars in a sub-division shall be subordinate to the Sub-Divisional Officer thereof, and (d) all Additional Tehsildars and Naib-Tehsildars in a tehsil shall be subordinate to the Tehsildar thereof." ;