Smt. Sayar Kanwar & Ors. v. State of Rajasthan & Ors.

HON'BLE MR. JUSTICE DINESH MAHESHWARI None present. BY THE COURT: <<>> In this case, the learned counsel Mr. Girish Joshi earlier appearing for the petitioners pleaded no instructions on

20.04.2009. However, having regard to the circumstances of the case, the record was sent for. The record has now been received. Nobody is present for the petitioners. This petition filed as back as on 05.12.2008 essentially under Article 227 of the Constitution of India in challenge to the order passed by the Board of Revenue on 22.07.2008 (Annex.16) has remained pending for all this time and has not been admitted yet. After examining the record and taking into comprehension the subject matter of this petition and the nature of order impugned, this Court finds no reason to issue notice to the petitioner for making arrangements to proceed with this writ petition as there appears no reason to exercise writ jurisdiction in this matter. 2 The revenue suit leading to this writ petition was filed by one Ganga Singh, stating himself to be the power of attorney of the present petitioners, and claiming khatedari rights in relation to 9 bighas and 7 biswas of land comprised in khasra No. 176/85 at village Doliya, Tehsil and District Jodhpur. The revenue Courts, i.e., the Sub-Divisional Officer, the Revenue Appellate Authority and the Board of Revenue have concurrently found that from the evidence placed on record, the claim as put forward by the plaintiff for khatedari rights was not substantiated. The orders as passed by the revenue Courts do not suffer from any jurisdictional error; and in this petition under Article 227 of the Constitution of India, there appears no reason to consider interference in the concurrent findings of the revenue Courts. After taking into comprehension all the facts and circumstances of the case, this Court is not inclined to entertain the matter in the writ jurisdiction. The petition stands rejected. (DINESH MAHESHWARI), J. /Mohan/