PRABHU RAM Vs. STATE OF RAJASTHAN AND ORS.

JUDGEMENT

(1.) This writ petition has been filed by the petitioner aggrieved against the order dated 6.11.2015 passed by the Board of Revenue, Ajmer ('BOR'), whereby the revision petition filed by the petitioner aggrieved against the order dated 16.12.2014 passed by the Revenue Appellate Authority, Nagaur ('RAA') has been dismissed.

(2.) The petitioner filed proceedings under Section 251-A of the Rajasthan Tenancy Act, 1955 ('the Act') seeking opening of a new way. The SDO by his order dated 3.6.2014, came to the conclusion that there was no alternative way available to the petitioner and the new way sought by the petitioner was the shortest way and directed opening of the new way as sought by the petitioner.

(3.) Feeling aggrieved, the respondents filed appeal before the RAA. The RAA, after hearing the parties, came to the conclusion that the SDO did not consider objectively the fact that whether alternative way was already available and before the partition which way was being used and consequently set-aside the order passed by the SDO and remanded back the matter to decide the same afresh in accordance with law.