1 S.B. CIVIL WRIT PETITION NO.8482/2007 (Uda Vs. Board of Revenue & Ors.) Date of order :: 05.03.2008 HON'BLE MR. JUSTICE GOPAL KRISHAN VYAS Mr. J.R. Beniwal, for the petitioner. Mr. Pradeep Choudhary, for the respondents. Heard learned counsel for the parties. It is argued by learned counsel for the petitioner that vide impugned order dated 25.8.2007, the Revenue Board has remitted the case to the S.D.O., Nimbaheda, District Chittorgarh for deciding afresh on the basis of evidence on record itself. When the Revenue Board is of the opinion that the matter is to be decided on the basis of the evidence on record, then as per counsel for the petitioner, the revenue Board itself was required to decide the matter on merit but the Board has remitted the matter to the trial Court for deciding afresh, which is totally illegal. The Board of Revenue has remitted the matter to the S.D.O., Nimbaheda to decide the matter afresh only on the basis of the evidence on record. Meaning thereby the Revenue Board is of the opinion that no further evidence is required to be taken in the 2 matter, then, obviously the matter was to be decided by Revenue Board itself on merit, which has not been done by the Revenue Board. In the facts and circumstances of the case, I deem it just and proper to quash the impugned order dated 25.8.2007 passed by Revenue Board, Ajmer and the case is remitted to the Revenue Board to decide the matter afresh on merit and evidence on record only without sending the matter back to the S.D.O. The Revenue Board, Ajmer is further directed to decide the case without prejudice to any of the observations and findings made in the impugned order dated 25.8.2007, within a period of one month from the date of receipt of copy of this order. With the aforesaid observation/directions, the writ petition is disposed of. (GOPAL KRISHAN VYAS), J. Arun/-