NIMMBA RAM Vs. PREMARAM

JUDGEMENT

(1.) This writ petition under Articles 226 and 227 of the Constitution of India has been preferred claiming the following reliefs:

(2.) Brief facts of the case, as placed before this Court by learned counsel for the petitioner, are that the respondent no.1 filed an application (registered as Case No.42/2019) under Sec. 251-A of the Rajasthan Tenancy Act, 1955 (hereafter referred to as 'Act of 1955') before the learned Sub-Divisional Officer (SDO), Phalodi, District Jodhpur, stating therein that he is having a joint khatedari land, comprising khasra no. 935 rakhba 570 bigha situated at Karwasara Nagar, Tehsil Lohawat. It was further stated that to reach the highway, the respondent no.1 requires a 20 feet way through the petitioners' land comprising Khasra no.940 rakhba 42.08 bigha situated at Karwasara Nagar, Tehsil Lohawat; such way, as per the respondent no.1, is required as there is no other alternative way, and that, earlier, the said way was used by the petitioner, but later on, the same was blocked.

(3.) Learned counsel for the petitioners submitted that the respondent no.1 is using katani raasta situated in khasra no. 1002/939 to approach his land from the highway road, and the said raasta is being used by the respondent no.1 for last many years; therefore, as per learned counsel, the claim of the respondent no.1 cannot be sustained in the eye of law.