MITHU SINGH Vs. B O R

JUDGEMENT

(1.) THIS writ petition has been filed by Mithu Singh, whereby he has challenged the order of the learned SDO, Sri Ganganagar dated 17. 1. 83 (Annexure-1) whereby the right of way was granted to respondents 4 & 5 in the land belonging to the petitioner.

(2.) THE grievance of the petitioner is that he was not heard by the learned SDO before the impugned order was passed. According to him, a partition had taken place between the petitioner and his brothers Roop Singh, Lalsingh and Ajaibsingh on 14. 6. 74 whereby the land in question fell to his share. THE petitioner filed an appeal against the said order before learned Revenue Appellate Authority, Bikaner camp Sri Ganganagar. Learned Revenue Appellate Authority accepted the appeal and set aside the impugned order vide his judgment dated 14. 9. 83. Aggrieved, respondents 4 & 5 went in second appeal before Board of Revenue. This appeal was decided by Shri O. P. Jain, learned Member of the Board of Revenue vide Judgment dated 1. 3. 89 whereby the learned Member accepted the appeal and set aside the order of Revenue Appellate Authority and restored the order of learned SDO, Sri Ganganagar (though this order erroneously mentions Additional Collector in place of SDO ).