AJEET SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The present writ petition has been filed under Article 226/227 of the Constitution of India with the following prayers:- "(a) by an appropriate writ, order or direction, the judgment dtd. 5/7/2018 (Annexure-P/7) passed by the Board of Revenue, Ajmer, judgment dtd. 23/10/2013 (Annexure/ P/5) passed by the learned Tehsildar, Hanumangarh, may kindly be quashed and set aside. (b) by an appropriate writ, order or direction, the matter may kindly be remanded back to the Tehsildar, Hanumangarh for passing a reasoned and speaking order after hearing the petitioners on the application moved by the private respondent for opening of the way from the land of the petitioners."

(2.) The facts apropos to the case are that the respondent No.2 Wali Mohammed submitted an application (Annex.P/1) before the District Collector, Hanumangarh for opening the way in his field situated at Chak 6 HMH, Stone No.160/270 square No.160/270 square No.41, Kila No.1-5, against the present petitioners which came to be forwarded to the Tehsildar (Revenue), Hanumangarh, who in turn, called factual report from the Patwari Halka, Amarpura Thedia with regard to the dispute for the way. The Patwari submitted his factual report with the dispute of way on 03. 06.2013 (Annex.P/2) before the Tehsildar, Hasnumangarh.

(3.) The Tehsildar, Hanumangarh thereafter isued an order/communication dtd. 4/6/2013 to the Inspector (Land Records), Hanumangarh and directed him to open the way and report accordingly.