- (1.) This petition has been filed against the order dated 21.04.2010, passed by the Board of Revenue, Ajmer in revision No. 1849/2009 under Section 230 of the Rajasthan Tenancy Act, 1955 (hereinafter 'the Act of 1955'), setting aside the order dated 24.02.2009, passed by the District Collector, Jhunjhunu. Earlier, the District Collector had set aside the order dated 06.02.2008, passed by the Naib Tehsildar, Sub Tehsil, Surajgarh under Section 251 of the Act of 1955 holding that the respondent, Smt. Shanti Devi had a right to access her agricultural field in khasra Nos. 204 and 205 through the existing way in khasra Nos. 201 and 203.
(2.) I have heard the counsel for the parties and perused the writ petition as also the impugned order dated 21.04.2010.
(3.) The issue in the present writ petition is as to whether the respondent, Shanti Devi W/o Kishan Lal had a right of way through khasra Nos. 201 and 203 belonging to the petitioner Phool chand in terms of Section 251 of the Act of 1955. Section 251 of the Act of 1955 provides that "in the event of any holder of land, in actual enjoyment of a right of way or other easement or right, having, without his consent, been disturbed in such enjoyment otherwise than in due course of law, the Tehsildar may, on the application of the holder of land so disturbed and after making a summary inquiry into the fact of such enjoyment and disturbance, order the disturbance to be removed or stopped and the applicant holder to be restored to such enjoyment, notwithstanding any other title that may be set up before the Tehsildar against such restoration.";