RAMESHWAR Vs. RAM SWAROOP

JUDGEMENT

(1.) Challenge in this appeal is to the order dtd. 3/5/2023 passed by the learned Single Judge, vide which the stay application moved by the appellant-petitioner has been dismissed.

(2.) It is the contention of the learned counsel for the appellant that the application as has been preferred under Sec. 251-A of Rajasthan Tenancy Act, 1955 (hereinafter referred to as 'the Act of 1955') would not be maintainable on the basis of the pleadings as the same has been preferred on the pretext that the path was available which was being utilized by the respondents and had been thereafter raised and included in the field by the appellant with a further putting on of the mesh wire blocking the same. This the counsel contends on the basis of the contents of Para 2 of the application submitted before the Sub-Divisional Officer (Annex.1 to the writ petition). He, on this basis, contends that all orders passed by the revenue authorities, proceeding on the assumption that the application under Sec. 251-A of the Act of 1955 would be maintainable, cannot sustain and deserve to be set aside.

(3.) It is the assertion of the counsel for the appellant that an application under Sec. 251-A would be maintainable only under circumstances when there is no path available and new path is sought to be carried out for use by the tenant or the khatedar.