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Judgment
This writ petition has been filed by the petitioner aggrieved against judgment dated 01.05.2019 (Annexure-6) passed by the Board of Revenue, whereby, the reference made to the Board under Section 82 of the Rajasthan Land Revenue Act, 1956 ('the Act of 1956') has been accepted.
It is, inter alia, submitted by learned counsel for the petitioner that the judgment dated 01.05.2019 was passed ex parte despite the fact that the petitioner was not served with the notices. Submissions have been made that the Board of Revenue fell in error in accepting the reference without adverting to the facts of the case and that the land in question, which was allotted to the petitioner could not have been subjected to the proceedings under Section 82 of the Act of 1956 and, therefore, the judgment impugned deserves to be set aside.
I have considered the submissions made by learned counsel for the petitioner and have perused the material available on record.
Admittedly, the Board of Revenue has passed ex parte judgment dated 01.05.2019. The version of the petitioner, which is sought to be projected before this Court, was not before the Board of Revenue and the petitioner without approaching the Board of Revenue seeking setting aside of the ex parte judgment dated 01.05.2019 has approached this Court by filing the present writ petition and has also questioned the fact that the judgment was wrongly passed ex parte as the petitioner was not served.
In view of the above fact situation, the petitioner is required to approach the Board of Revenue by way of appropriate application seeking setting aside of ex parte judgment dated 01.05.2019 and make out his case before the Board of Revenue on merits.
In so far as the present writ petition is concerned, at this stage no interference is called for by this Court.
Consequently, the writ petition filed by the petitioner is dismissed leaving it open for the petitioner to approach the Board of Revenue by way of appropriate proceedings.