AAD RAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) -

(2.) THE petitioners are the Khatedars of land in Square No. 54 and 55 Killas No. 1,2,4,9 and 10 in Square No. 61 of Chak 23-HMH, Tehsil-Hanumangarh. THE Collector vide his Order dated November 17, 1971 (Annexure/1) sanctioned a way in favour of the petitioners through the land situated at Stone No. 100/291 parallel to canal for going to aabadi of Chak 23-22 HMH. In pursuance of the said Order the way was opened and mutation was made in the revenue-records. THE land admeasuring 5 Bighas situated at No. 100/291 at Chak No. 23 HMH was allotted to respondents No. 3 and 4 in December 1982.

(3.) ON further Revision by the respondents No. 3 and 4 before the Board of Revenue, the Board set aside the Orders dated September 17, 1983 and March 24, 1984 (Annexures 6 and 7 respectively), and allowed the revision by holding that the object of the Colony Rules is to make the fields 'square' and it is contrary to the object of the Colony Rules to divide the land by providing way through it. It was also held that the Order dated September 17, 1971 sanctioning the way through the field in dispute is not binding on the responding No. 3 and 4. It also presumed that from the fact that the land in dispute, through which the way existed, was allotted to the applicants-respondents, therefore, the said way must have been declared as Gair Mumkin and only thereafter, the same may have been allotted. However, it did not pass any order about allowing the application or how to proceed with the application.