IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN, JAIPUR BENCH, JAIPUR. JUDGMENT Shankar Lal Vs. Rampal & Others (S. B. Civil Writ Petition No.8540/2004) S.B. Civil Writ Petition under Articles 226 & 227 of the Constitution of India. Date of Judgment: November 18, 2008 PRESENT Hon'ble Mr. Justice R. S. Chauhan Mr. N.L. Pareek, for the Petitioner. Mr. K.K. Mehrishi, Sr. Advocate with Mr. Timan Singh, for the respondents. Per Court: The petitioner has challenged the order dated 17-9-2004 passed by the Board of Revenue, Ajmer (`the Board' for short), whereby the Board had accepted the second appeal filed by respondent No.1 and had quashed the order dated 21-5-2001, passed by the Assistant Collector and order dated 21-7-2001 passed by the Revenue Appellate Authority Kota (`the RAA' for short). 2. A very short controversy is involved in the present case. According to the petitioner he has filed cross-objections against the decision dated 21-7-2001 of the RAA. However, while passing the impugned order, the Board has not adjudicated upon the cross- objections filed by the petitioner. Therefore, the petitioner has made a limited prayer that the Board be directed to consider and decide his cross-objections while deciding the controversy in toto. 3. A bare perusal of the impugned order dated 17-9-2004, clearly reveals that the Board has nowhere considered and discussed the cross-objections filed by the petitioner. It is a settled position of law that while considering the second appeal, in case cross-objections are filed, the Board is required to deal with appeal and cross objections simultaneously. However, in the present case, the Board has failed to adjudicate upon the cross-objections filed by the petitioner. 4. For the reasons stated above, this writ petition is allowed and the impugned order dated 17-9-2004 is hereby quashed and set aside. It is directed that the case be remanded back to the Board of Revenue. The Board of Revenue is directed to decide the cross- objections, raised by the petitioner, within a period of two months from the date of receipt of certified copy of this judgment. (R. S. CHAUHAN) J. arn