- (1.) Heard on admission. This intra Court appeal is directed against the order dt. 19.08.2015 passed by the learned Single Judge of this High Court whereby he has dismissed appellants S.B. Civil Writ Petition No. 249/2015.
(2.) The case of the appellants is that vide registered sale deed dt. 25.05.2011, they have purchased lands bearing khasra No. 1800 alongwith khasra No. 1798 and 1799, measuring 0.58 hectare, khasra No. 1801 measuring 0.72 hectare and khasra No. 1780 measuring 1.54 hectare, situated in village Malikpur, Tehsil Chomu, Distt. Jaipur. According to them the lands are also mutated in their names since 2011. Respondent Birdhi Chand however, filed an application on 02.09.2011 under Sec. 251 of the Rajasthan Tenancy Act, 1955 before the Sarpanch of Gram Panchayat Malikpur, for opening of way through the khasra No. 1780 who in turn called for the Patwari report and the Patwari in his report confirmed that there is a general way on the land in question. The Tehsildar, therefore, on the basis of Patwari report allowed the application of respondent vide order dt. 22.03.2012 and ordered appellants to open the way. Aggrieved the appellants preferred appeal before Additional Collector (III), Jaipur who vide order dt. 24.04.2012 allowed the appeal and set aside the order of Tehsildar. Respondents then filed an appeal before the Board of Revenue who vide order dt. 22.12.2014 allowed the same and set aside the order dt. 24.04.2012 passed by the Additional Collector. Undeterred the appellants filed S.B. Civil Writ Petition No. 249/2015 which the learned Single has dismissed by the impugned order. The operation part of the order reads as under: - - "Whether or not the way existed through the land of Khasra No. 1780, is essentially a question of fact. The Tehsildar called for report of Patwari, who submitted that running way was available through the land of Khasra Nos. 1798 and 1799, and this way has been passing through the land of Khasra No. 1780. During enquiry from villagers also it was revealed that way was existing through the lands of Khasra Nos. 1798, 1799 and 1780 for last 22 -23 years but the way, that was passing through the land of khasra Nos. 1780, was blocked by its khatedars Chhitar, Bhagwan Sahai, Gopi and Arjun, all sons of Dula Ahir, by fencing and putting other material on the way. In fact, when this matter was first brought before the Gram Panchayat, the Gram Panchayat, vide resolution dt. 21.11.2011 made efforts for restoration of the way and also concurred with the report of Patwari that the way was existing through the land of khasra Nos. 1798 and 1799 but there was no way beyond the aforesaid land through the land of khasra No. 1780, which was cultivated. Despite persuasion by the Ward Panchas, Chhitar or his father Dula Ahir, khatedar of the land of khasra No. 1780, did not agree for opening the way. In fact, Sarpanch served a notice dt. 05.12.2011 on petitioner No. 3 Gopi that the way, which was earlier passing through the land of khasra No. 1780 was closed by the petitioners so the same be reopened. The Tehsildar himself inspected the site before passing his order. In view of above, this Court does not find any illegality or perversity in the approach taken by the Courts below. In the result, there is no merit in this writ petition and the same is hereby dismissed. Stay application is also dismissed."
(3.) After hearing the counsel for the appellants we find ourselves in complete agreement with the above mentioned findings of the learned Single Judge. The findings arrived at by the Tehsildar, Board of Revenue and the learned Single Judge with regard to right of way in favour of respondent are well reasoned and unassailable. No ground for interference is made out. The appeal has no merit and is accordingly dismissed.;