SANJEEV PRAKASH SHARMA, J. - (1.) The petitioner challenges the order passed by the Board of Revenue whereby it has set-aside the interim order passed by the Revenue Appellate Authority, directing to maintain status-quo of the property and with prayer to the State Government not to release the compensation for the land being acquired of the said property.
(2.) Learned counsel for the petitioner submits that there was no occasion for the Board of Revenue to have interfered with an interim order passed by the Revenue Appellate Authority as the respondents had not even put in appearance before the Revenue Appellate Authority. Counsel submits that they had to prefer an appeal before the Revenue Appellate Authority against the inaction of the SDO in not passing any order on the application seeking injunction and granting dates to the caveator to file reply. It is his submission that if the compensation is released by the State in favour of the respondents, the petitioner shall suffer irreparable loss.
(3.) Per contra, learned senior counsel for the respondent submits that the Board of Revenue have just corrected the procedure. The Revenue Appellate Authority did not have any jurisdiction to entertain the appeal as there was no order passed by the SDO and the SDO was still ceased with the matter and if any order was required to be passed the same was to be heard only by original court i.e. the SDO. In the circumstances, the order passed by the Board of Revenue cannot be faulted.;