1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR O R D E R S.B. CIVIL WRIT PETITION NO.1717/2007 (Kishan Lal Vs. State & Ors.) Date of order : 5.11.2008 P R E S E N T HON'BLE MR. JUSTICE GOPAL KRISHAN VYAS Mr. J.L. Purohit, for the petitioner. Mr. Hemant Choudhary, for the respondents. Heard learned counsel for the parties. In this case, the petitioner has challenged the order dated 3.2.2007 Annexure-10 passed by Board of Revenue. The main contention of learned counsel for the petitioner is that revision petition was dismissed by Board of Revenue only on the ground that a criminal revision petition was preferred by the respondents before this Court against the order dated 17.12.2004 passed by the District Judge. It is pointed out by learned counsel for the petitioner that in the said criminal revision petition 2 a prayer was made by the petitioner that he does not want to pursue the proceedings under Section 145 Cr.P.C. before the S.D.O. In this view of the matter, when this prayer was made, then, this Court quashed the order passed by District Judge. Meaning thereby, as per learned counsel for the petitioner, there is no pendency of proceedings under Section 145 Cr.P.C. Thus, it is prayed that the matter may be remitted to the Board of Revenue for deciding the case on merit. After perusing the entire record of the case and looking to the totality of the circumstances, I deem it just and proper to remit this matter to the Board of Revenue for passing a fresh order upon the revision petition filed by the petitioner on merit alone, within a period of one month from the date of receipt of certified copy of this order. With the aforesaid observation/direction, this writ petition is disposed of. (GOPAL KRISHAN VYAS), J. arun