HUSAIN KHAN Vs. MANGE KHAN

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) Briefly stated, the facts of the present writ petition are that the petitioners are Khatedar-tenants and co-sharers of agricultural land comprising Khasra Nos. 280, 280/1, 281, 283, 352/3, and other adjoining parcels situated in Village Imam Nagar, Tehsil Phalsund, District Jaisalmer. The said land contains ancestral residential structures, water tanks, and cattle sheds, and the petitioners have remained in continuous, settled possession and use of these lands for several decades. Respondent No. 1, Mange Khan, who is having and in possession adjacent land bearing Khasra No. 634/349 filed an application (Revenue Application No. 73/2025) before the SDO/Assistant Collector, Bhaniyana, seeking the grant of a new access path under Sec. 251-A of the Rajasthan Tenancy Act, 1955. The petitioners appeared before the SDO and filed a detailed reply and objections, categorically asserting that the proposed new pathway traverses their long-established residential property.

(3.) The SDO/Assistant Collector, despite serious objections regarding the demolition of existing property, passed an order dtd. 13/10/2025 (Annex. P/1), allowing the said application and sanctioning an 18-feet-wide pathway through the petitioners' land.