{ 1 } S.B. CIVIL WRIT PETITION NO.4408/2007. (JETH PURI & OTHERS VS. BOOLPURI & ORS.) DATE OF ORDER : 03.08.2007. HON'BLE MR. GOVIND MATHUR, J. Mr. B.S. Jodha for the petitioners. This petition for writ is preferred to challenge validity, correctness and propriety of the judgment dated 17.10.2006 passed by the Board of Revenue, Rajasthan, Ajmer affirming the judgment and decree dated 14.06.2001 passed by the Assistant Collector, Jodhpur and the judgment dated 24.12.2005 passed by the Revenue Appellate Authority, Jodhpur. In brief, facts of the case are that private respondents preferred a suit under Section 88 and 188 of Rajasthan Tenancy Act for correction of entries in revenue records and for a permanent injunction. The suit aforesaid was decreed by the Sub Divisional Officer / Assistant Collector, Jodhpur vide judgment dated 14.06.2001. A challenge was given to it by way of filing an appeal before the Revenue Appellate Authority, Jodhpur that came to be decided by the order dated 18.10.2001 remanding the matter for its fresh adjudication by the trial court. The order passed by the Revenue Appellate Authority, Jodhpur on 18.10.2001 was set aside by the { 2 } Board of Revenue under its judgment dated 03.03.2003 with a direction to the Revenue Appellate Authority, Jodhpur to decide appeal afresh on merits by considering the evidence available on record. In pursuant to the judgment dated 03.03.2003, the Revenue Appellate Authority, Jodhpur by its judgment dated 11.07.2003 decided the appeal afresh and set aside the judgment and decree dated 14.06.2001. While doing so, the Revenue Appellate Authority directed the trial court to decide the suit by framing new issues on basis of the material available on record. The private respondents being aggrieved by the judgment dated 14.06.2003 passed by the Revenue Appellate Authority preferred a second appeal before the Board of Revenue, Rajasthan and that came to be decided by the judgment dated 23.09.2005. By the judgment and order aforesaid, the learned Board of Revenue, while setting aside the order dated 11.06.2003, directed the Revenue Appellate Authority, Jodhpur to decide the appeal on merits in terms of the directions given by the Board of Revenue, Rajasthan, Ajmer under its earlier order dated 03.03.2003. In pursuant to the judgment dated 23.09.2005, the Revenue Appellate Authority again heard and decided the appeal { 3 } by the judgment dated 24.12.2005 maintaining the judgment and decree dated 14.06.2001. A challenge to the same was again given by way of filing a second appeal before the Board of Revenue, Rajasthan, Ajmer and that came to be dismissed by the order dated 17.10.2006 (order impugned) by the Board. While giving challenge to the order impugned, the contention of counsel for the petitioner is that the Board of Revenue made an error apparent on the face of the record while setting aside the order of the Revenue Appellate Authority dated 18.10.2001 and remanding the case to the Revenue Appellate Authority for its fresh adjudication on merits. Relevant to note here that the aforesaid direction was given by the Board under the judgment and order dated 03.03.2003. The petitioner accepted the judgment dated 03.03.2003 and thereafter participated in the proceedings before the Revenue Appellate Authority. No challenge was ever given by the petitioner to the judgment dated 03.03.2003. As such, the contention raised by counsel for the petitioner relating to the directions given by the Board of Revenue under the judgment dated 03.03.2003, are not available to assail validity of the judgment dated 17.10.2006. { 4 } No other ground is raised by counsel for the petitioner. For the reasons mentioned above, this petition for writ is having no merit and, therefore, the same is dismissed. (GOVIND MATHUR)J. Anil/