R. S. VERMA, J. - (1.) HEARD learned counsel for the parties.
(2.) BY this writ petition the petitioner seeks to quash the order Ex. 3, dated 15. 12. 87 passed by the Sub-Divisional Officer, Hanumangarh, whereby he sanctioned way in favour of the respondents in the field of the petitioner 13/318 killa No. 15. 1 biswas and killa No. 16 and 25. 2 biswas each. The land is situated in chak No. 19 PBNA. The petitioner had preferred an appeal against the order of the S. D. O. and he obtained interim order and thereafter, the matter was agitated before the Board of Revenue. The Board of Revenue dismissed the revision petition. Thereafter, the counsel for the petitioner states that, the appeal pending before the Revenue Appellate Authority, Bikaner was withdrawn on August 29, 1988. The petitioner challenges the order of the S. D. O. on the ground that S. D. O. had no authority to pass the impugned order, as the land does not form part of any colony. The expression 'colony' is defined in s. 2 (h) of the Rajasthan Colonisation Act, 1954, which means any area to which the Colonisation Act shall apply by order of the State Government published in the Official Gazette. In exercise of the power conferred by s. 2 (ii) the State Government issued the order dated 21. 1. 59 which specifies the villages in Tehsil Suratgarh. According to that, the village in question is not included in the list of villages of Tehsil Suratgarh and, as such, the areas of the village in question does not construe colony. S. 6 deals with investing Colonisation Officer with powers of Revenue Courts. It provides that the State Government may, by order published in the Official Gazettee, invest any Officer appointed for colonisation of the colony with all or any of the powers of a Revenue Court or Officer, other than the Board of Revenue, for the purpose of trying and hearing all or any specified classes of suits or appeals arising in a colony. In exercise of the powers conferred by s. 6 powers have been conferred on the Dy. Directors of Colonisation for granting right of way over another person's field or one's own field. A further Notification has been issued by the State Government under Condition 8 (2) of the Rajasthan Colonisation (general colony), Conditions 1955. Powers have been conferred on the S. D. Os under Condition 8 (2) of the Colony Condition 1955 which are vested in the Collectors; When the village in question is not included in the area issued u/s 2 (ii) of the Rajasthan Colonisation Act, then the SDO, in our opinion, is not competent to pass the impugned order. It is only when the village in question is included in the colony area as defined in s. 2 (ii) the SDO can exercise the power. Thus, the order of the SDO dated 15. 12. 87 deserves to be quashed. Accordingly, this writ petition is allowed and the order of the SDO dated 15. 12. 87 is quashed. We may, however, observe that it would be open to the parties to avail such remedy, which is available to them under law, with regard to exercise of the right of way. .;