IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR ORDER S.B.CIVIL WRIT PETITION NO.10734/2008 Somdutt and others Versus The Board of Revenue and others Date of order ::: November 03,2008 HON'BLE MR.JUSTICE PREM SHANKER ASOPA Mr.R.K.Mathur, for the petitioner BY THE COURT (1) By this writ petition, the petitioner has challenged the order of the Board of Revenue dated 15.6.2006 whereby the order of the Land Settlement Officer-cum-Revenue Appellate Authority dated 18.4.2002 has been set aside and the order of the Collector-cum-Settlement Commissioner, Alwar dated 15.7.1999 has been upheld. (2) Briefly stated, the facts of the case, are that the Collector vide its order dated 15.7.1999 remanded the matter to the respondent No. 4 Tehsildar-cum-Managing Officer, Mundawar, District Alwar to decide the case on the basis of oral as well as the documentary evidence. But here, in the instant case, the Tehsildar allotted the land to the petitioner on the basis of oral evidence of Ramjilal ignoring all the documentary evidence according to which the respondent No.5 who was earlier Gair Khatedar has been conferred the khatedari rights. (3) The submission of the counsel for the petitioner is that he was in possession of the land in dispute which has been supported by Ramjilal. (4) I have gone through the judgment passed by the Board of Revenue and further considered the documentary evidence mentioned in paragraph no.6 of the judgment of the Board of Revenue which has been ignored by the Tehsildar. Therefore, in my view, the Collector, Alwar has not committed any error in remanding the matter to the Tehsildar, Mundawar and the Board of Revenue has rightly set aside the order passed by the Revenue Appellate Authority and restored the order of the Collector dated 15.7.1999. (5) In the result, the writ petition is dismissed. The Tehsildar is directed to decide the case afresh within a period of three months from today. However, the status quo as it exists today shall be maintained only for a period of one month from today and thereafter, the Tehsildar will pass a fresh order after hearing both the sides. (PREM SHANKER ASOPA) J. गोpa ल