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Raj. State Ind. Dev. & Investment Corpn. vs. Board of Rev. & Ors.

26.00 2.60

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Rajasthan Tenancy Act, 1955–Sec. 88–Rajasthan Land Revenue Act, 1956–Sec. 136–Suit for declaration and correction in revenue entries–Land was declared the khatedari land of respondents D & G–During the pendency of suit, land was allotted to RIICO–RIICO was not impleaded as party in the suit filed by respondents D & G–RIICO filed the appeal u/s. 223–RAA set aside the judgment of trial Court and remanded back the matter deciding afresh with direction of impleading the RIICO as party–Appeal before BOR– BOR set aside the order of RAA and upheld the judgment of trial Court–Whether proper ?–Held, yes–Respondent had impleaded the State as party hence there was the no occasion for Collector for making the allotment–Order of Collector was illegal and contrary to principles of law–BOR rightly upheld the order of trial Court.