RAM LAL Vs. JAGANNATH & ORS.

JUDGEMENT

(1.) The instant writ petition has been filed by the petitioner for quashing order dated 26.12.1995 (Annex.4) passed by the Addl. Collector, Udaipur and order dated 17.8.1998 (Annex.6) passed by the Board of Revenue, Ajmer whereby the order of Addl. Collector was affirmed.

(2.) As per brief facts of the case, an application under Section 251 of the Rajasthan Tenancy Act, 1955 was filed by the petitioner before the Tehsildar, Dhariyawad with the submission that he is having Khatedari land in Aaraji No. 6/89, 6/90, 6/91 and 6/92 at Dhariyawad where only way is situated near the power house but the respondents nos. 1 and 2 obstructed the way, therefore, the order may be passed to open the existing way. The Tehsildar, Dhariyawad after inquiry passed an order on 6.10.1994 in favour of the petitioner and provided way in question to the petitioner as per situation at site.

(3.) Against the order dated 6.10.1994 the Rajasthan State Electricity Board preferred an appeal before the Addl. Collector, Udaipur and in that appeal the order dated 6.10.1994 was quashed by the Addl. Collector, Udaipur and the matter was remanded to the Tehsildar, Dhariyawad vide order dated 23.2.1995 to .1995 to decide afresh.