Laxman And Ors vs Chetan Prakash And Ors

In wake of onslaught of COVID-19, abundant caution is being taken while hearing the matters in Court.

The petitioners have preferred this writ petition claiming the following reliefs:

A. By an appropriate writ, order, direction, the order dated 15.02.2021 (Ann.6) passed by the Board of Revenue, Ajmer in Revision No.133/2020

Chetan Prakash Vs. Laxman & Ors. may kindly be declared illegal and may kindly be quashed and set aside.

B. By an appropriate writ, order, direction, the respondents may kindly be directed to not interfere with the cultivation and enjoyment of the right

vested in favour of the petitioners.

Learned counsel for the petitioners submits the petitioners and the respondents are real brothers, and the petitioners being beneficiaries of a

registered Will, were seeking relief from the learned Board of Revenue, Ajmer, but an ex parte order has been passed, causing serious prejudice to

the cause of the petitioners.

Learned counsel for the petitioners further submits that if an opportunity is given to the petitioners, they shall immediately appear before the learned

Board of Revenue and provide their assistance and cooperation in deciding the matter strictly on merits.

Learned counsel for the respondents however, submits that the aforementioned registered Will was overtaken by a registered Gift Deed, and thus,

on merits, the respondents are having a better case than that of the petitioners.

Learned counsel for the respondents further submits that the conduct of the petitioners before the learned Board of Revenue was improper, as

although they were aware that the matter was being heard by the learned Board of Revenue, but still they chose to cause unnecessary impediments.

Learned counsel for the respondents also submits that the matter before the learned Board of Revenue was declared as part- heard on 11.01.2021,

whereas the application for releasing the matter from the part-heard was moved on 15.01.2021, and thereafter, on 22.01.2021, the same was rejected,

and a direction was given to the petitioners to make their submissions.

Learned counsel for the respondents further submits that on 05.02.2021, an application for withdrawal of the power of the petitioners' counsel was

moved. Learned counsel also submits that despite opportunity being given again and again, the petitioners have chosen not to appear before the

learned Board of Revenue, and thus, the ex parte order, which has been passed, is justified.

After hearing learned counsel for the parties as well as perusing the record of the case, this Court finds that in the interest of justice, a meritorious

adjudication of the matter ought to be made, and thus, while quashing and setting aside the impugned order dated 15.02.2021 passed by the learned

Board of Revenue, Ajmer in Revision No.133/2020 (Chetan Prakash Vs. Laxman & Ors.), the matter is remanded back to the learned Board of

Revenue for making adjudication of the matter on merits, subject to the payment of a cost of Rs.11,000/- by the petitioners to the respondents. Both

the parties shall be required to cooperate with the dates to be fixed by the learned Board of Revenue, and it is expected that the learned Board of

Revenue shall expeditiously decide the matter on merits, on whatever date convenient to it, strictly in accordance with law.

This Court also records the assurance given by learned counsel for the petitioners that the petitioners shall strictly abide by the dates to be fixed by

the learned Board of Revenue and cooperate for immediate meritorious adjudication of the matter.

With the aforesaid observations and directions, the present petition is disposed of. The stay application as well as all pending applications also

stands disposed of.