CW 6659/08 [1] IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH S.B. Civil Writ Petition No.6659/08 Surendra Singh Versus Mahendra Singh & Ors. DATE OF ORDER : 23/03/2009 HON'BLE MR. JUSTICE AJAY RASTOGI Mr. Ashvin Garg, for petitioner *** Instant petition has been filed by petitioner assailing order passed by Revenue Board Ann.3 dt.25th June, 2008 whereby the revision preferred by the respondents was allowed and order of Revenue Appellate Authority dt.20th June, 2008 has been set aside with the direction that the authority may hear the parties and thereafter, pass order in accordance with law. It appears that respondent-plaintiff filed a suit in which interim order was passed on 21st May, 2008 and notices were issued to the petitioner-defendant. However, petitioner has not chosen to appear before the authority and as advised, he preferred appeal against ex-parte interim order before Revenue Appellate Authority. However, the learned Revenue Appellate Authority without hearing other side, set aside the order Ann.2 dt.20th June, 2008 with the direction to the CW 6659/08 [2] authority to decide the matter in accordance with law. Against said order, since respondent- plaintiffs were not heard, revision petition was filed. Vide Ann.3 dt.25th June, 2008, the Revenue Board allowed the revision petition and set aside the order passed by the Revenue Appellate Authority with the direction to decide the same after hearing parties in accordance with law. It has not been controverted by the counsel for petitioner that order of the Revenue Appellate Authority was passed without hearing the respondent-plaintiff and certainly any order which cause prejudice could not be passed without affording opportunity of hearing which is a cardinal principle of administrative law and Board of Revenue while accepting revision preferred by the respondent under order impugned Ann.3 dt.25th June, 2008 has not made any observation on merits of the issue. However, only observed that it is expected from the Revenue Appellate Authority to decide the appeal preferred by petitioner-defendant only after hearing parties to the dispute in accordance with law and so far as initial ex-parte order dt.21/5/08 passed by SDO, Tijara is concerned, it is always open for the petitioner to appear and CW 6659/08 [3] contest the application filed by the respondent- plaintiff for interim relief. This court has gone through the order impugned and does not find any manifest error committed by Board of Revenue, which may call for interference. Consequently, writ petition stands dismissed. [AJAY RASTOGI], J. FRBOHRA6659CW08 23-3.doc