1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR O R D E R (1) S.B.Civil Writ Petition No. 2869/2008 (Rajasthan Housing Board Vs. Roop Kishore Maheshwari & Ors.) (2) S.B.Civil Writ Petition No. 2866/2008 (Rajasthan Housing Board Vs. Shyam Sundar & Ors.) (3) S.B.Civil Writ Petition No. 2867/2008 (Rajasthan Housing Board Vs. Roop Kishore & Ors.) (4) S.B.Civil Writ Petition No. 3049/2008 (Rajasthan Housing Board Vs Jay Maheshwari & Ors.) (5) S.B.Civil Writ Petition No. 3050/2008 (Rajasthan Housing Board Vs. Jay & Ors.) (6) S.B.Civil Writ Petition No. 3051/2008 (Rajasthan Housing Board Vs. Jagdish & Ors.) (7) S.B.Civil Writ Petition No. 3052/2008 (Rajasthan Housing Board Vs. Manaklal Jat & Ors.) (8) S.B.Civil Writ Petition No. 3053/2008 (Rajasthan Housing Board Vs. Jagdish Maheshwari & Ors.) (9) S.B.Civil Writ Petition No. 3054/2008 (Rajasthan Housing Board Vs. Manaklal & Ors.) (10) S.B.Civil Writ Petition No. 3055/2008 (Rajasthan Housing Board Vs. Ramesh Maheshwari & Ors.) 2 (11) S.B.Civil Writ Petition No. 3056/2008 (Rajasthan Housing Board Vs. Alok Kumar & Ors.) (12) S.B.Civil Writ Petition No. 3057/2008 (Rajasthan Housing Board Vs. Sanjay Maheshwari & Ors.) (13) S.B.Civil Writ Petition No. 3058/2008 (Rajasthan Housing Board Vs. Sanjay & Ors.) (14) S.B.Civil Writ Petition No. 3059/2008 (Rajasthan Housing Board Vs. Alok Kumar Singhvi & Ors.) (15) S.B.Civil Writ Petition No. 3060/2008 (Rajasthan Housing Board Vs. Ramesh & Ors.) (16) S.B.Civil Writ Petition No. 2868/2008 (Rajasthan Housing Board Vs. Shyam Sunder Maheshwari & Ors.) Date of Order : 21/07/2008 P R E S E N T HON'BLE MR. JUSTICE H.R.PANWAR Mr. P.C.Sharma for the petitioner. Mr. Rajesh Joshi for the contesting respondents. Mr. K.L.Thakur, Additional Advocate General for State. BY THE COURT The matter comes up for orders on the application filed by the respondent under Article 226 (3) of the Constitution of India being I.A. No.6190/08. Learned counsel for the parties 3 submit that the arguments which are sought to be advanced on the application are one and same in the main writ petition itself and therefore, all these bunch of writ petitions may be heard and decided together at this stage. With the consent of learned counsel for the parties, all the writ petitions are finally heard. By these writ petitions, the petitioner Rajasthan Housing Board has challenged the order passed by the respondent Board of Revenue Annex.P-11 dated 17.1.2008 deciding the bunch of appeals being Appeal No.3786/98, 3787/98, 3788/98, 3789/98, 3790/98, 3791/98, 3792/98, 3793/98, 3794/98, 3795/98, 3796/98, 3797/98, 3798/98, 3799/98, 3800/98 and 3801786/98. Heard learned counsel for the parties. It is submitted by learned counsel for the petitioner as also the contesting respondent that there were as many as 48 appeals filed by the petitioner Rajasthan Housing Board before the respondent Revenue Appellate Authority, Jodhpur, out of which 39 appeals came to be decided by order Annex.R/1 to R/37 dated 12.7.1996 setting aside the patta issued by the Sub- Divisional Officer (Land Conversion), Jodhpur and remanding the matter to the Sub-Divisional Officer (Land Conversion), Jodhpur to hear the petitioner Rajasthan Housing Board and pass the order afresh after holding inquiry in accordance with the Rajasthan Land Revenue (Allotment, Conversion and 4 Regularization of Agricultural Land in Urban Areas for Residential and Commercial Purposes) Rules, 1981 (for short 'the Rules of 1981' hereinafter). That order has not been challenged by either of the parties and the matter is still pending before the Sub- Divisional Officer (Land Conversion), Jodhpur for decision. However, it appears that 8 cases remained pending before the Revenue Appellate Authority which came to be decided by the respondent Revenue Appellate Authority vide Annex.P-10 dated 11.3.1998, against which the petitioner Rajasthan Housing Board filed appeals before the respondent Board of Revenue. The respondent Board of Revenue set aside the order of the Revenue Appellate Authority dated 11.3.1998 and remanded the matter to the Revenue Appellate Authority to decide afresh in the light of the decisions referred therein. Learned counsel for the parties jointly submit that since 39 appeals are still pending on being remanded by the Revenue Appellate Authority vide Annex,.R-1 to R-37 and therefore, the order of Board of Revenue in the instant appeals be also modified to the extent that instead of remanding the matter to the Revenue Appellate Authority, the matter may be remanded to the Sub-Divisional Officer, (Land Revenue), Jodhpur so that these 8 appeals also can be heard with 39 appeals already pending with that authority. 5 Having heard learned counsel for the parties, keeping in view the facts and circumstances of the case and the fact that there are 39 appeals already pending involving common question of law and facts and arising between the same parties, in my view, it would be appropriate to modify the order of the respondent Board of Revenue by setting aside the pattas issued in favour of the respondents and remanding the matter to the Sub-Divisional Officer (Land Conversion), Jodhpur to hear and decide the matters afresh after affording an opportunity of hearing to the petitioner along with other 39 appeals said to be pending before it. In this view of the matter, the order passed by the Baord of Revenue Annex.P-11 is modified to the extent that the pattas issued in these appeals in favour of the private respondents in these writ petitions are quashed and the matter is remanded to the Sub-Divisional Officer (Land Conversion), Jodhpur to hear and decide these all appeals along with 39 other appeals pending before it by affording an opportunity of hearing to the petitioner Rajasthan Housing Board in accordance with the Rules of 1981 after holding a fresh inquiry. The respondent Sub- Divisional Officer (Land Conversion), Jodhpur is requested to hear and decide all the appeals including 39 appeals pending before it since 1996, utmost expeditiously preferably within six months from the date of producing the certified copy of this 6 order. With these directions, all the writ petitions are disposed of. The application being I.A. No.6190/08 as also the stay applications being S.B.C.Misc. Stay Petitions No. 5249/08, 5246/08, 5247/08, 5599/08, 5601/08, 5602/08, 5603/08, 5604/08, 5605/08, 5606/08, 5607/08, 5608/08, 5610/08, 5609/08, 5611/08 and 5248/08 stand disposed of. No order as to costs. (H.R.PANWAR), J. rp