RAMESHWAR LAL Vs. RAJENDRA KUMAR

JUDGEMENT

(1.) This special appeal has been filed by the appellants against the order dtd. 20/1/2021 passed by the learned Single Judge of this Court, whereby the writ petition filed by the appellants has been dismissed.

(2.) Facts of the case are that on 8/7/2010, the respondents no. 1 to 6 submitted an application before SDO, Chirawa for removal of encroachment from 'Prachalit Rasta passing through the land belonging to Mandir Mafi in village Dhidhawa, Sub Tehsil Surajgarh, which was marked to Naib Tehsildar, Surajgarh and thereafter to Patwari. The Halka Patwari, Pilani submitted his Mauka Nazri Naksha report. On the basis of the said report, Naib Tehsildar issued notice dtd. 23/7/2010 to the petitioners and the petitioners were asked to remove the encroachment. Statement of witnesses were recorded and thereafter on 31/8/2010, Naib Tehsildar passed the order directing to open 10 ft. wide road through the land in question. Against the impugned order dtd. 31/8/2010, the petitioners preferred an appeal before District Collector, Jhunjhunu, which was dismissed vide order dtd. 3/5/2011. After dismissal of the appeal, the petitioners filed a revision under Sec. 230 of the Rajasthan Tenancy Act, 1955 (for short, 'the Act of 1955') before the Board of Revenue, Ajmer, which was dismissed vide judgment dtd. 11/8/2020. Being aggrieved by the judgment dtd. 11/8/2020, the petitioners filed S.B. Civil Writ Petition No. 526/2011 before this Court, which came to be dismissed vide order dtd. 20/1/2021. Hence, this special appeal.

(3.) Learned counsel for the appellants submits that Sec. 251 of the Act of 1955 applies to private way, whereas the respondents sought relief in relation to a public way. Hence, the impugned orders are liable to be quashed and set-aside.