HARCHAND Vs. MAGHARAM

JUDGEMENT

(1.) This is revision petition filed under section 230 of the Rajasthan Tenancy Act against the judgment of Additional Collector Bikaner arising out of the facts that initially one application was filed by present non-petitioner that there is public way which leads to applicant's khejri parellel to their village but this right of way has been obstructed by the present applicant. Hence an application was filed under Section 251 before the gram panchayat Somalsar. This application was accepted on 22.7.81. Aggrieved from this an appeal was filed before the court of Additional Collector Bikaner which was dismissed on 13.3.91. Hence, the revision.

(2.) Heard the parties and perused the record.

(3.) Learned counsel for the applicant argued that since it is alleged that it was public way and provisions of Section 251 does not apply, under the facts. Even during the settlement of St. 2004 this public right of way had been shown in the revenue records. He submits that site inspection was made by the gram panchayat which was exparte. Site inspection was not made after issuing intimation to the parties.