(1.) DEFECTS are waived.
(2.) HEARD learned counsel for appellant on the admission of appeal.
(3.) THE land allotted to respondent No.3 by the Gram Panchayat vide order/'Patta' dated 03.11.2007 is a part of public way or not, is purely a question of fact. THE Gram Panchayat has issued 'Patta' on the basis of recommendations of the Committee and the same has been affirmed by the Additional Collector also, vide order dated 03.08.2011, mentioning therein that land in dispute is not a part of public way.