- (1.) THE matter has come up for orders on second stay application, but at the request of parties, arguments were heard and special appeal is being disposed off finally.
(2.) FOR the reasons mentioned in the application under Section 5 of the Limitation Act, duly supported by an affidavit, delay of 19 days in filing the appeal is condoned. Application under Section 5 of the Limitation stands allowed. This special appeal is directed against order dated 16.07.2003 passed by Single Bench, whereby S.B. Civil Writ Petition No. 4101/2003, filed by the petitioners/appellants, has been dismissed. The dispute in the present case relates to a public way, which is passing through land bearing Khasra Nos. 273/1/1 and 280. According to the appellants, a piece of land measuring 200 feet X 40 feet was donated by them for construction of school building out of agriculture land bearing Khasra No. 273/1/1 in the year 1994 and similar size of land measuring 200 feet X 40 feet was donated from adjoining land bearing Khasra No. 280 by Parsya S/o. Sonya Mali. It was specifically mentioned in the gift deed that there is no public way passing through the donated land. According to villagers, there was a public way, which was passing through this land. An application was moved in this regard before Gram Panchayat, which appointed a committee of Panchs and a report was given that an old public way exists at the spot, which was being used by villagers. Thereafter, the matter went before concerned Tehsildar, who also went at the spot and summoned all the parties and with the consent of the parties, it was decided that public way exists at the disputed place. Thereafter, appeals were preferred by the appellants, which were dismissed by Additional Collector, Dausa vide judgment dated 09.02.2001. The appellants, thereafter, preferred revision petitions before Revenue Board, Ajmer, which were also dismissed vide judgment dated 27.03.2003. Thereafter, the petitioners/appellants preferred writ petition before the Single Bench, which was dismissed vide order dated 16.07.2003, which is under challenge in this intra Court appeal. As mentioned above, the dispute, in the present case, is in respect of public way, which is passing through agriculture land bearing Khasra Nos. 273/1/1 and 280. The Gram Panchayat, while exercising its powers under 251 of the Act, removed the trespassers from the public way. Thereafter, a consent order was passed by concerned Tehsildar, holding that there is a public way at the spot. No illegality or irregularity was found in the orders passed by the Gram Panchayat as well as Tehsildar by Additional Collector, Dausa and appeals filed by the appellants were dismissed. Thereafter, revisions petitions, filed by the appellants before the Revenue Board, Ajmer, were also dismissed. The said findings, being findings of facts, were not interferred with by the Single Bench. We find no illegality or irregularity in the order passed by the Single Bench, so as to interfere with the same in this intra Court appeal. In these circumstances, we find no force in this special appeal and the same is, accordingly, dismissed with no order as to costs. First stay application as well as second stay application both also stand dismissed. ;