MAN KHAN Vs. TAJ BANO

JUDGEMENT

(1.) We have heard learned counsel appearing for the appellants.

(2.) The Special Appeal is directed against the judgment of learned Single Judge, dated 06.02.2015, by which he has upheld the order of the Revenue Board, remanding the case to the Tehsildar, Chirawa, to entertain and consider the application, for which he alone has the jurisdiction under Section 251 of the Rajasthan Tenancy Act, 1955 (for short, 'the Act of 1955').

(3.) The Revenue Board held that the application was erroneously entertained and decided by the Sub Divisional Officer under Section 251-A of the Act of 1955, which empowered him with authority for opening of a new right of way. In the facts of the case, it was not a case of new right of way, but of removing the repeated obstructions which were being caused on the right of way, which was already existed, and for which the application was maintainable under Section 251 of the Act of 1955 before the Tehsildar. The matter was remanded with direction to the Tehsildar, Chirawa, District Jhunjhunu, to decide the matter, expeditiously, after causing spot inspection.