1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR O R D E R S.B. CIVIL WRIT PETITION NO.3081/2007 (Temple Idol of Narsinghji Maharaaj Vs. State & Ors.) Date of order : 20.11.2008 P R E S E N T HON'BLE MR. JUSTICE GOPAL KRISHAN VYAS Mr. Ranjeet Joshi, for the petitioner. Mr. C.P. Soni, for the respondents. Mr. O.P. Boob, Dy. Govt. Counsel. Heard learned counsel for the parties. In this case, the S.D.O., Merta has passed an order on 19.2.2007 whereby receiver was appointed for the land in question. Against the said order, an appeal was preferred by the respondent - Jetu Das before the Revenue Appellate Authority. The Revenue Appellate Authority vide order dated 23.2.2007 issued notice to the petitioner – Temple to refuse to grant stay order in favour of the appellant. Against the said order dated 23.2.2007, the respondent – Jetu Das straightaway filed a revision petition before the Board of Revenue. Upon his revision on 4.4.2007, the Board of Revenue has passed an order for staying the judgment dated 23.2.2007 passed by Revenue Appellate Authority. Learned counsel for the petitioner submits 2 that the appeal filed by the respondent – Jetu Das is still pending before the Revenue Appellate Authority and respondent – Jetu Das preferred a revision petition against the order dated 23.2.2007 whereby ex- parte stay order was refused by the Revenue Appellate Authority. Meaning thereby even the revision petition was not maintainable against the said order. However, In my opinion when appeal of the respondent – Jetu Das is still pending before the Revenue Appellate Authority then it is proper to direct the Revenue Appellate Authority to decide the appeal itself within a period of one month from the date of receipt of certified copy of this order. It is made clear that any finding given by the Board of Revenue vide order dated 4.4.2007 shall be ignored at the time of deciding the appeal filed by Jetu Das and the same shall be decided independently on the grounds taken by Jetu Das in his appeal. It is also directed that if the record of Revenue Appellate Authority is lying in the Office of Board of Revenue, then, the same shall be remitted to the Revenue Appellate Authority immediately without any delay. With the aforesaid observation/direction, the writ petition is disposed of. (GOPAL KRISHAN VYAS), J. arun