1 S.B.CIVIL WRIT PETITION NO.591/2002 Ram Swaroop Vs. State of Raj. & Ors. DATE OF ORDER :: 14.08.2007 HON'BLE MR.JUSTICE GOVIND MATHUR Mr. R.S. Saluja, for the petitioners. Mr. B.L. Tiwari, Dy. Govt. Advocate. Mr. S.L. Jain, for the applicant. Mr. A.K. Godara for Mr. M.C. Bhoot, for the respondents. .... By this petition for writ a challenge is given to the validity, correctness and propriety of the order dated 30.7.2001 passed on behalf of State Government recalling the order dated 29.10.1999 and restoring the revision petition preferred by respondent No.4 under Section 83 of the Rajasthan Land Revenue Act. The contention of learned counsel for the petitioner is that a right of review is not available if the statute does not provide for that and in the instant matter the State Government has reviewed its earlier order though no such right is available. In brief the facts of the case are that the Assistant Collector, Anoopgarh under its order dated 14.9.1989 made a special allotment of land in favour of respondent No.4 validity of 2 that was challenged by the petitioner by way of filing an appeal before the Revenue Appellate Authority, Sriganganagar that came to be rejected by an order dated 4.10.1990. A revision petition, thereafter, was preferred by the petitioner before the Board of Revenue, Ajmer, Rajasthan for assailing validity, propriety and correctness of the orders aforesaid and that came to be accepted by the order dated 25.5.1993. The Board of Revenue while accepting the revision petition set-aside the order passed by the Assistant Collector, Anoopgarh dated 14.9.1989 and directed the Sub Divisional Officer, Raisinghnagar to decide the matter afresh. The petitioner instead of getting the matter decided afresh as per the order passed by the Board of Revenue approached to the Revenue Minister of the Government of Rajasthan, Jaipur by way of filing a revision petition under Section 83 of the Land Revenue Act, 1956. The Revenue Minister of the Government of Rajasthan accepted the revision petition and set aside the order passed by the Board of Revenue and ordered to handover possession of the land in question to the present petition. A direction was also given to provide some alternative land to the respondent No.4. The decision of the Revenue Minster was communicated by Dy. Secretary to the Government of Rajasthan, Department of Colonization vide an order dated 29.10.1999. The respondent No.4 after disposal of the revision petition by the Revenue Minister submitted an 3 application to review the decision as communicated under the order dated 29.10.1999 and the review petition came to be accepted by the order impugned dated 13.7.2001. The Revenue Minister recalled the earlier decision and restored the revision petition for hearing afresh. In the instant matter it is pertinent to note that the Revenue Minister after disposal of revision petition by the Board of Revenue entertained the revision petition under Section 83 of the Land Revenue Act and accepted the same as communicated under communication dated 29.10.1999. Under Section 83 of the Act of 1956 the State Government is empowered to revise an order passed in administrative side. In the instant matter the order of allotment of land to respondent No.4 by the Assistant Collector was affirmed by the Revenue Appellate Authority and ultimately was set-aside by the Board of Revenue, Ajmer while accepting the revision petition. The order of Revenue Board is not an administrative order, and therefore, the matter acquired finality by judgment of Board of Revenue dated 25.5.1993, as such, the Revenue Minister was having no authority to pass the order dated 29.10.1999, hence, the order dated 29.10.1999 itself is without jurisdiction. There is no question of review of an order that itself is without jurisdiction. 4 In view of it, this petition for writ is disposed of by quashing the order dated 29.10.1999 itself with a direction to the Sub Divisional Officer, Raisinghnagar to act upon the order dated 25.5.1993 passed by the Board of Revenue, Rajasthan, Ajmer (Annexure-6). No order as to cost. (GOVIND MATHUR ),J. jgoyal