KOYALI DEVI Vs. BARFI DEVI

JUDGEMENT

(1.) It is contended by learned counsel for the petitioner that ignoring the fact that land of khasra No.522, village Samarpura, Tehsil Chomu, District Jaipur is lying mortgaged with the State Bank of Bikaner and Jaipur, Branch Samod, (for short "the SBBJ"), the Court of Sub-Divisional Officer, Jaipur-I, Jaipur has, vide its order dtd. 2/2/2018, passed under Sec. 251-A of the Rajasthan Tenancy Act, 1955 (for short "the Act of 1955") granted right of way to the respondent No.1-Smt. Barfi Devi.

(2.) Facts in brief are that the application filed by the respondent No.1 under Sec. 251-A of the Act of 1955, after hearing the present petitioner, was allowed. The appeal preferred by the present petitioner was dismissed by the Revenue Appellate Authority vide its judgment dtd. 10/9/2018. The revision petition filed by the petitioner has also been dismissed by the Board of Revenue, Ajmer vide its order dtd. 25/6/2019.

(3.) Without assailing the orders impugned herein on merit, the two fold contention of learned counsel for the petitioner has been that since the land of Khasra No.522 is lying mortgaged with the SBBJ since the year 2014, any order under Sec. 251-A of the Act of 1955 would entail prejudice to her as the Bank in all probability is likely to initiate criminal proceedings against her for parting with possession of part of the mortgaged property which would be obvious consequence of the order granting way through her land under Sec. 251-A of the Act of 1955. Second limb of contention is that the order impugned has been passed in collusion by the Sub-Divisional Officer, Jaipur-I, Jaipur with the respondents No.1 and 2.