KALYAN Vs. BOARD OF REVENUE AJMER

JUDGEMENT

(1.) This is a writ petition under Art.226 of the Constitution. The petitioners are in cultivatory possession as tenants of agricultural land comprised in Khasra number 112, measuring 14 bighas 7 biswa, situate in area of village Harnathpura, Tehsil and District Jaipur. Apprehending the making of a way by force through that land by respondent 4, they filed a suit on Jan. 2, 1978, for perpetual injunction to restrain the said respondent from opening such a way through the petitioners' land. The said suit is still pending trial in the revenue court concerned. The petitioners also succeeded in obtaining a temporary injunction in that suit from the revenue appellate authority. The temporary injunction was affirmed by the Board of Revenue, inasmuch as the revision petition filed by respondent 4 against the said injunction was dismissed by the Board on April 20, 1981. Thereafter, on May 21, 1981, respondent 4 also filed a civil suit for a declaration that he has a right of way (rasta) through the land of field number 112 aforementioned and for a perpetual injunction restraining the present petitioners from obstructing him from passing through the said rasta. He also filed an application for temporary injunction, but the same was dismissed by the Civil Judge. His appeal from the order of dismissal of his application for temporary injunction was also dismissed by the Additional District Judge.

(2.) Thus, the petitioners' case is that the controversy between the parties regarding the existence or otherwise of a rasta through the land of field number 112 is sub judice in two different suits, one pending in the revenue court and the other in the civil court. During such pendency, respondent 4 filed an application under S.251, Rajasthan Tenancy Act, 1955 before the Gram Panchayat concerned for an order directing the petitioners to remove obstruction to the respondent's enjoyment of the right of way and to the restoration of his rasta through the petitioners' land. By its order, dated, Aug. 7, 1982, the Gram Panchayat dismissed the said application. On appeal by respondent 4, the Collector set aside the said dismissal on April 5, 1983, and remanded the application under S.251 of the R. T. Act, 1955 to the Tehsildar, Jaipur, for fresh decision according to law. By his order, dated, Jan. 12, 1984, the Tehsildar allowed the application under S.251, R. T. Act, 1955, directing the petitioners to stop their disturbance of the user by respondent 4 of a portion of the petitioners' land comprised in Khasra number 112 as rasta and to restore respondent 4 to his enjoyment of the said rasta. The petitioners preferred an appeal before the Collector against the order of the Tehsildar. They also challenged the self-same order by way of a petition of revision before the Board of Revenue. After filing the revision, they withdrew from the appeal before the Collector with the result that the said appeal stands dismissed as withdrawn. By its order, dated, Mar. 21, 1984, the Board dismissed the revision.

(3.) After the dismissal of their revision by the Board of Revenue, the petitioners filed the present writ petition on April 21, 1984, challenging the order of the Tehsildar, dated, Jan. 12, 1984. Incidentally, they are also challenging the earlier order, dated, April 5, 1983, whereby the Collector had remanded the application under S.251, R. T. Act, 1955 to the Tehsildar instead of the Gram Panchayat.