RAMPYARI Vs. BOARD OF REVENUE FOR RAJASTHAN AJMER

JUDGEMENT

(1.) This petition is directed against order dated 30.7.18 passed by the Board of Revenue Rajasthan, whereby the revision petition preferred by the respondent-Savatri against the order dated 14.3.18 passed by the Revenue Appellate Authority (RAA), Hanumangarh, setting aside the order dated 19.2.18 passed by the Sub Divisional Officer (SDO), Nohar opening a new way through the petitioners' land, has been allowed.

(2.) The facts relevant are that the respondent having khatedri land ad measuring 1.5810 hectare comprising khata No.156/136 Stone No. 319/380, Murabba No.30, Kila no.1 to 3 and 8 to 10 in Chak 13KNN, made an application under Sec. 251-A of the Rajasthan Tenancy Act,1955 (for short "the Act") before the SDO, Nohar, for opening of a new way through the petitioners' land, comprising Stone No.319/379, Murabba No.38, Kila No.21 on the ground that no alternative means of access to his land is available. The application was contested by the petitioners by filing a reply thereto, taking the stand that in Kila No.21, the petitioners have constructed a room and as a matter of fact, there exists a way in Murabba No.38, Kila No.20 & 25, which goes from Ratanpura to other villages through Murabba No.38 and Murabba No.30. It was averred that the way to the respondent's land passes through Murabba No.29, Kila No.5 of Chak 13KNN which has been closed by khatedar of the land Shri Madanlal. It was contended that the land of the petitioners and the respondent are situated in different chak i.e. Chak 13 KNN and Chak 1 RPM and therefore, the way may not be sanctioned through the land of the petitioners.

(3.) On the complaint made by the respondent regarding illegal construction being raised by the petitioners, at the instance of Tehsildar, Nohar, the Land Record Inspector, Fefana forwarded the site inspection report prepared by the Patwari Halka wherein it was reported that at the corner of Kila No.21 of Stone No.319/379, new construction has been raised. Regarding the feasibility of the opening of the new way, it was reported that the new way is possible be sanctioned either through Kila No.5 of Stone No.318/380 or Kila No.21 of Stone No.319/379.