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Jagdish Prasad v/s Board of Revenue, Ajmer & Others


Company & Directors' Information:- PRASAD CORPORATION PRIVATE LIMITED [Active] CIN = U32301TN1994PTC028160

Company & Directors' Information:- PRASAD AND CO. PRIVATE LIMITED [Active] CIN = U67120DL1995PTC068088

Company & Directors' Information:- M. PRASAD AND CO LIMITED [Active] CIN = U67120WB1999PLC090325

Company & Directors' Information:- JAGDISH AND COMPANY PVT LTD [Active] CIN = U63040NL1996PTC004781

Company & Directors' Information:- H PRASAD & CO PVT LTD [Strike Off] CIN = U51109WB1944PTC011797

    Civil Special Appeal (Writ) No. 317 of 2011

    Decided On, 19 May 2011

    At, High Court of Rajasthan

    By, THE HONOURABLE CHIEF JUSTICE MR. ARUN MISHRA & THE HONOURABLE MR. JUSTICE KAILASH CHANDRA JOSHI

    For the Appellant: Sabir Khan, Advocate. For the Respondents: -------



Judgment Text

1. This intra-court appeal has been preferred by the appellant against the order passed by the learned Single Judge dated 09.03.2011 in SB Civil Writ Petition No.5038/2010.

2. The brief facts of the case giving rise to this appeal are that appellant-petitioner, by way of the above writ petition, sought quashing of the impugned order dated 23.04.2010 passed by the learned Board of Revenue, Ajmer and judgment dated 06.07.2009 passed by Sub Divisional Officer, Jahajpur, Bhilwara and further prayed that the judgment rendered by the Revenue Appellate Authority, Bhilwara may kindly be ordered to be restored with all consequential benefits.

3. Appellant further submitted in the writ petition that Smt. Geeta respondent No. 4 relinquished her right in the ancestral property on 21.09.1992. However, on 04.07.1997, she filed a suit for declaration of Khatedari Right and entering her name as co tenant in the revenue record regarding the ancestral property. On 18.12.2008, the judgment passed by Board of Revenue, Ajmer and the matter was remanded to S.D.O. Jahajpur, Bhilwara for deciding the matter afresh.

4. The petitioner preferred the application before the Board of Revenue, Ajmer for restoration of the appeal. However, the same was dismissed by the Board of Revenue. Sub Divisional Officer, Jahajpur, Bhilwara also dismissed the application preferred by the petitioner on 06.07.2009.

5. Being aggrieved by the order of the learned Single Judge dated 09.03.2011, the appellant has preferred this intra court appeal.

6. Learned counsel for the appellant contended that the impugned judgment dated 09.03.2011 deserves to be quashed and set aside as the learned Single Judge failed to consider the contentions raised by the appellant-petitioner. The appellant has clearly alleged in the writ petition that the compromise has been allegedly entered into under coercion and therefore, the consideration of the compromise arrived at between the parties requires to be reconsidered.

7. The counsel for the appellant further contended that the learned Single Judge passed the order without considering the arguments raised by appellant because the learned Single judge has considered that the appellant can take recourse to any other remedy but in accordance with law appellant was cheated in as much as the coercive method was applied for arriving at the compromise.

8. We have considered the contentions of the learned counsel for the appellant and also perused the order of the learned Single Judge and the facts narrated in the writ petition as well as reply.

9. Learned Single Judge has considered all the aspects. The learned Single Judge observed that the decree has passed by the Sub Divisional Officer is not in any manner at variance with the terms of the compromise between the parties whereby 2 bighas and 2 biswas of land comprised in khasra No. 1171/2 on the western side of the land shall go to the respondent Nos. 5 and 6 and the remaining land of khasra No. 1171/2 and that of khasra no. 1172 shall go to the petitioners. The decree so passed by the Trial Court being in accordance with the compromise entered into by the parties and duly verified before the Board has rightly not been interfered with by the trial Court and by the Board of Revenue in the orders impugned.

10. We have also considered the above facts as narrated above. The remand order passed by the Board of Revenue on 18.12.2008 has attained finality and has been acted upon. As a necessary consequence of the order dated 18.12.2008 neither any issue survived for determination by the trial Court nor the trial Court could have done anything except passing the decree in terms of the compromise.

11. In our considere

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d view, the order of the learned Single Judge does not suffer from any illegality or infirmity because the decree passed by the learned trial Court was based on the5/5 basis of the compromise arrived at between the parties. Accordingly, the writ petition deserves to be dismissed and same is accordingly dismissed and the order of the learned Single Judge dated 09.03.2011 is maintained. Petition dismissed.
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