LALU RAM & Ors. v. BOARD OF REVENUE DATE OF ORDER & Ors.

HON'BLE MR. JUSTICE MUNISHWAR NATH BHANDARI Mr.J.R.Chawel , for Petitioner (s). Mr. S.P.Arora, for Respondents. This writ petition is directed against the order dated 22nd February, 2008, passed by the Board of Revenue on the review application filed by the petitioners in the revision petition. Learned counsel for the petitioners submits that Commissioner report cannot be called for judging the issue of possession of party concerned, while the matter is to be adjudicated in a petition under Section 212 of the Rajasthan Tenancy Act, 1955. The perusal of the order reveals that the Board of Revenue had made it clear that Commissioner report has not been called for looking to the fact of possession, but is for the purpose of looking to the position of “Dhani”, “Tanko” and “Manto”. In view of the clarification existing in the impugned order, the grievance of the petitioners does 2 not survive, inasmuch as, the Commissioner report was not called for consideration of the issue of possession of the parties. Learned counsel for the petitioners, however, submits that in view of the clarification existing in the impugned order and further clarified by this Court, nothing more survived, but the petitioners may yet be given opportunity to raise their objections against the Commissioner report by moving an appropriate application. In view of the request made by the learned counsel for the petitioners, while disposing of the writ petition, it is made clear that the petitioners would be at liberty to submit their objections against the Commissioner report on any legal and factual grounds available to them. The Revenue Authorities are directed to expedite the hearing of the case. The writ petition is disposed with the observations made aforesaid. (M. N. BHANDARI), J.