- (1.) THIS is a revision under sec. 84 of the Rajasthan Land Revenue Act, 1956 against the orders of the Additional Collector, Jaipur, dated 4th October, 1962 whereby he accepted the appeal of the applicant against the orders of the Tehsildar, Baswa, dated 26th July, 1962 in an application under sec. 251 of the Rajasthan Tenancy Act filed by the non-applicant Sambhu for demarcating right of way for going to the fields, of the applicant.
(2.) THE contention of the applicant was that the Tehsildar's orders were complete and did not call for any further enquiry, I have carefully perused the orders of the Tehsildar as also those of the Additional Collector and have heard the learned counsel for the parties. This application cannot stand because the orders of the Additional Collector which have been challenged were only remanding the case to the Tehsildar for holding fresh enquiry. The Additional Collector has given full reasons why the Tehsildar's decision was not in accordance with law. The Tehsildar only took the statement of the applicant, non-applicant and the Patel of the village. He has not made any enquiry as contemplated under sec. 251 of the Rajasthan Tenancy Act which has been fully dealt with in the orders of the Additional Collector i. e. no enquiry was made from any Mukhiya of the village, or in regard to the enjoyment of the easement or right nor about the convenience of the parties. The learned Tehsildar in his orders did not even specifically mention the route of the right of way. These are serious deficiencies in the order of the Tehsildar and in pointing out these deficiencies and in remanding the case to the Tehsildar to hold a proper enquiry in accordance with law, the learned Additional Collector has not exercised his jurisdiction with any material irregularity. I, therefore, do not see any reason to interfere in the orders of the learned Additional Collector dated 4th October, 1962 and this application for revision is accordingly hereby rejected. .;