KANHAIYA LAL Vs. BOARD OF REVENUE

JUDGEMENT

(1.) THIS writ petition is directed against the judgment Annexure -4) dated 14 -7 -1988 passed by the Board of Revenue Rajasthan dismissing the revision petition filed by the petitioner against the order dated 23rd May, 1983 passed by the Additional Collector, Kota. By order dated 23rd May, 1983, the Additional Collector has upheld the order dated 25th December, 1982 passed by the Gram Panchayat, Mandap on an application submitted by Devlal respondent No. 4, Under Section 251(1) of the Rajasthan Tenancy Act, 1955 In the said application, the grievance of the applicant -respondent No. 4 was that his right of way to his field in Khasra No. 96 exists on the boundaries of Khasra Nos. 87 and 97 and the said passage had been illegally obstructed by the petitioner The Gram Panchayat by order (Annexure -1) dated 25th December, 1982 held that the respondent No. 4 was entitled to take his bullock -cart through a passage 8 feet wide on the boundaries of Khasra Nos. 87 and 97 and the petitioner was directed to remove the obstructions from the said passage.

(2.) THE petitioner has challenged the validity of the said order passed by the Gram Panchayat which was upheld by the Additional Collector and the Board of Revenue on the ground that on the date of passing of the order (Annexure -1) dated 25th December, 1982 the Gram Panchayat had ceased to have its jurisdiction to deal with the matter and that the Tehsildar alone was competent to deal with the said application. In support of the aforesaid submission the petitioner has placed reliance on the Notification (Annexure -2) dated September 4, 1982 issued by the Government of Rajasthan in exercise of the powers conferred on it Under Section 260(1)(b) of the Land Revenue Act.

(3.) WE have heard Shri K.K. Mehrish, the learned counsel for the petitioner, in support of the writ petition. The learned Addl. Government Advocate, appearing for respondents No. 2 and 5 has stated that since the interests of the State are not affected, be does not want to make any submissions.