RANJEET SINGH Vs. DAL SINGH

JUDGEMENT

(1.) The instant writ petition has been preferred under Articles 226 and 227 of the Constitution of India with the following prayers:-

(2.) Brief facts of the case are that the respondent No.1 preferred an application under Sec. 251 A of the Rajasthan Tenancy Act, 1955 (hereinafter referred to be as 'the Act of 1955') seeking a relief for creation of new way through the khatedari land of the petitioners. The petitioners filed reply to the said application denying the contention of the respondent No.1.

(3.) Learned Sub Divisional Magistrate, Sayala, Jalore, after hearing both the parties, passed the final order dtd. 17/11/2023 (Annexure-4), while directing to create a new way. The petitioners being aggrieved thereof preferred an appeal No.79/23 along with an application before the learned Revenue Appellate Authority (RAA), Pali for seeking interim relief. The learned RAA, Pali stayed the effect and operation of the order dtd. 17/11/2023 (Annex.-4) vide order dtd. 29/11/2023 (Annex.-7) and thereafter the respondent No.1 being aggrieved of the same preferred a revision petition before the learned Board of Revenue (BOR), Ajmer under Sec. 230 of the Act of 1955. The learned BOR vide its order dtd. 29/1/2024 (Annex.-10) granted interim order while staying the effect and operation of the order dtd. 29/11/2023 (Annex.7).