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Churaman & Anr. vs. The Board of Revenue for Rajasthan & Ors.

36.00 3.60

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Rajasthan Tenancy Act, 1955–Secs. 46-A & 175–Assistant Collector found the violation of Sec. 46-A and passed the order u/s. 175–Set aside by RAA by condoning the delay of 12 years–BOR reversed the order of RAA–Petitioners did not appear before Assistant Collector despite of summon of notice–RAA wrongly condoned the delay on the ground that the proceedings u/s. 175 were initiated beyond the period of three years and thus to be void–Such objection was required to be raised before Assistant Collector–Held, BOR rightly set aside the order of RAA.