SBCWP No.344/2009 UIT, Udaipur Vs. LRs of Ratan Lal Mali & Anr. 1 SBCWP No.344/2009 UIT, Udaipur Vs. LRs of Ratan Lal Mali & Anr. DATE OF ORDER : - 23.3.2009 HON'BLE MR. PRAKASH TATIA, J. Mr.Deelip Kawadia, for the petitioner. Mr.Anurag Sukhala, for the respondents. <><><> Heard learned counsel for the parties. The petitioner is aggrieved against the order dated 3.10.2008 passed by the Board of Revenue, Ajmer whereby the order of the Addl. Asstt. Collector, Girwa, Udaipur dated 16th April, 2003 taking on record the written statement of the petitioner was set aside. As per the facts of the case, the petitioner's right to file written statement was closed by the order of the trial court dated 9th April, 2001, which was reopened by the order dated 9.8.2001, yet written statement was not filed upto 28.10.2002 then the trial court again closed the right to file written statement by the defendants. The plaintiff's evidence was recorded on 13.2.2003 then an application was submitted by the petitioner seeking permission to file SBCWP No.344/2009 UIT, Udaipur Vs. LRs of Ratan Lal Mali & Anr. 2 the written statement, which was allowed by the trial court vide order dated 16.4.2003. The facts reveal that on account of negligence on the part of the officers of the petitioner, their right to file written statement was closed as back as on 9th April, 2001, however, they were given permission to file written statement by order dated 9.8.2001, yet the written statement was not filed upto 28.10.2002 and trial court closed the right of the defendant-petitioner for filing the written statement. Thereafter also, no steps were taken by the officers of the petitioner and plaintiff's evidence was recorded on 13.3.2003 and, thereafter, after one month thereafter application was filed for submitting written statement. The Board of Revenue considered all these facts and, therefore, rightly set aside the order of the trial court. I do not find any illegality in the said order. Hence, the writ petition of the petitioner is dismissed. Copy of the order be sent to the Secretary, UDH, Government of Rajasthan, Jaipur. (PRAKASH TATIA), J. c.p.goyal/-