LAXMI NARAYAN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The case comes up on an application (01/22) for early hearing of the matter.

(2.) With the consent of learned counsel for the parties, the matter is being taken up today itself and decided finally. The present writ petition has been filed against the order dtd. 09/10/2015 passed by Board of Revenue, whereby learned Board of Revenue allowed the appeal of the respondent Chandan Mal and set aside the order of Revenue Appellate Authority dtd. 28/05/2014 maintaining the order passed by the Sub Divisional Officer dtd. 29/07/2011.

(3.) Briefly the facts in the case are that the petitioner purchased a piece of land along with the private respondents in Khasra No.58 of Village Nausariya, Tehsil Sri Dungargarh. Thereafter, the petitioner preferred a suit for partition before Sub Divisional Officer, Sri Dungargarh. During the pendency of the suit, the petitioner along with the private respondents entered into a compromise. The partition suit was decided by the Sub Divisional Officer, Sri Dungargarh on the basis of meets and bounds of the said compromise. Learned Sub Divisional officer also directed the parties to provide a way of 3 meters to the respondent - Chandan Mal till the boundary of his field as per the Revenue Map. This order of Sub Divisional Officer dtd. 29/07/2011 was assailed by the petitioner before the Revenue Appellate Authority and the Revenue Appellate Authority vide order dtd. 28/05/2014 remanded the matter back to the Sub Divisional Officer for deciding the matter afresh after giving an opportunity of hearing and taking the reply of the respondents on record. The Revenue Appellate Authority directed the Sub Divisional Officer to decide the question of availability of a way of 3 meters to be provided by the petitioner and other respondents to respondent Chandan Mal for going to his field. This order of Revenue Appellate Authority was challenged by the respondent Chandan Mal before the Board of Revenue and the Board of Revenue vide order dtd. 09/10/2015 allowed the appeal of the respondent Chandan Mal and set aside the order of Revenue Appellate Authority dtd. 28/05/2014 maintaining the order passed by the Sub Divisional Officer dtd. 29/07/2011. In these circumstances, the present writ petition has been filed.