PREMDAS Vs. MANGI LAL

JUDGEMENT

(1.) This Civil Writ Petition has been preferred claiming for the following reliefs:-

(2.) This Court vide order dtd. 25/7/2019 admitted the present petition after rejecting the stay application. The said order was challenged before the Hon'ble Division Bench by way of a Special Appeal (Writ), being D.B. Spl. Appl. Writ No. 1219/2019, and came to be quashed in light of the fact that the order, dtd. 4/2/2013, passed by the Additional District Collector, Deedwana (Nagaur), which formed the basis of consideration in passing the order dtd. 25/7/2019, was not placed on the record by the petitioner. The petitioner has subsequently placed the order dtd. 4/2/2013 at Annex.-13 of the record, by way of filing of additional affidavit on 5/1/2020.

(3.) Brief facts of the case as placed before this Court by the learned counsel for the petitioner are that the respondent no.1-Mangilal filed an application under Sec. 251 of the Rajasthan Tenancy Act, 1955 seeking relief by way of opening of the way from Khasra no. 76 of Village-Heerawati, Tehsil-Ladnu, wherein it was stated that he owned agricultural fields in Khasra no. 380/265 and that the way of his entering into his fields was running through Khasra no. 76 belonging to the present petitioner; which came to be obstructed by the petitioner.