1 Kishan Niwas vs. State of Rajasthan & Ors. S.B. CIVIL WRIT PETITION NO.1642/2004 (Kishan Niwas vs. State of Rajasthan & Ors.) Date :: 06.04.2007 HON'BLE MR. JUSTICE GOPAL KRISHAN VYAS Mr.H.S. Sidhhu, for the petitioner. Mr.N.S. Charan, for the respondents. Mr.S.N. Tanwar, Dy. Govt. Advocate. Heard learned counsel for the petitioner. The petitioner is challenging the order dated 07th August, 2003 (Annexure-4) passed by the District Collector, Pali. It is contended by learned counsel for the petitioner that ex parte order was passed by the District Collector, Pali and it is observed in the order that notices were served upon the petitioner but this fact is not correct. The petitioner has placed on record Annexure-3 upon which there is report that the notice was issued to him but the said notice was received by his father Shri Ram Niwas who himself was interested party in the proceedings because the Patta of same land was also issued in his favour and he has not informed the petitioner with regard to service of notice. I have perused Annexure-3 in which there is report of process 2 Kishan Niwas vs. State of Rajasthan & Ors. server that notice of petitioner was received by the Ram Niwas father of petitioner. In these circumstances, it is appropriate to quash the judgment dated 07th August, 2003 by which ex parte order was passed by the District Collector, Pali and to remit the revision petition to the District Collector, Pali with the direction that he shall decide the same afresh. Accordingly, the District Collector, Pali is directed to decide the revision petition No.73/2003 afresh after providing opportunity of hearing to both the parties by a speaking order on merit. With these directions the petition is disposed of. [GOPAL KRISHAN VYAS],J. A.K. Chouhan/-