Sitaram vs Board of Revenue Rajasthan Ajmer and Others

Alok Sharma, J.—This petition has been filed challenging the order dt. 24.11.2011 passed by the Board of Revenue for Rajasthan Ajmer (herein after ''the Board'') in the exercise of its revising power under Sec. 230 of the Rajasthan Tenancy Act, 1955, upholding the order dt. 12.06.2007 passed by the Tehsildar Sikar refusing to decide the issue of limitation as preliminary issue raised by the petitioner (defendant in the suit). Heard learned counsel for the petitioner, and perused the material available on record of writ petition including the impugned orders passed by the Board.

I am of the considered view that there is no occasion to interfere with the order dt. 24.11.2011 passed by the Board of Revenue upholding the order dt. 12.06.2007 passed by the Tehsildar Sikar.

It is however made clear that the dismissal of revision petition by the Board on 24.11.2011 and of the application on 12.06.2007 by the Tehsildar Sikar will not come in the way of the petitioner from agitating the issue of limitation in regular course of adjudication in the proceedings before the Tehsildar Sikar or in appeal/ revision there against. With the above observations the writ petition and stay application stand dismissed.