1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR O R D E R S.B. CIVIL WRIT PETITION NO.8205/2008 (Nanu Ram & Anr. Vs. State of Raj. & Ors.) Date of order : 21.10.2008 HON'BLE MR. JUSTICE GOPAL KRISHAN VYAS Mr. B.N. Kalla, for the petitioners. Heard learned counsel for the petitioners. In this case, the main grievance of the petitioners is that the Member of the Single Bench of Revenue Board decided the reference made by the District Collector, Chittorgarh without providing opportunity of hearing to the petitioners. In support of above contention, the petitioners have produced on record all the order- sheets of Revenue Board. Last but one order-sheet speaks that the notices were issued to the petitioners by the Revenue Board and notices were ordered to be sent through registered AD. However, the acknowledgment was not received, even then the matter was placed for awaiting the Acknowledgment but thereafter, there is not report by the Office of the Board of Revenue and straight away the Member of the 2 Single Bench of the Revenue Board has decided the matter ex-parte. In my opinion, when notices were issued and sent through registered AD, then adverse inference was to be drawn after receiving AD. But it is nowhere stated that the AD has been received, therefore, presumption has been drawn with regard to service of notice upon the petitioners herein. In this view of the matter and in the interest of justice, the order passed by Member of Single Bench of Revenue Board dated 3.7.2008 is hereby set aside and the case is remitted to the Board of Revenue for deciding the matter afresh. The petitioners are directed to appear before the Board of Revenue on 12.11.2008. Upon appearance, the Board of Revenue is directed to decide the reference after providing opportunity of hearing within one month thereafter. With the aforesaid observation/direction, the writ petition is disposed of. (GOPAL KRISHAN VYAS), J.