NIRMALJIT KAUR,J. - (1.) The present writ petition has been filed seeking quashing of the order and judgment dated 06.01.2017 passed by the Board of Revenue, Rajasthan, Ajmer vide which the appeal filed by the petitioners against the order dated 21.03.2006 passed by the Additional Divisional Commissioner, Jodhpur, dismissing the appeal of the petitioners against the order dated 12.01.2004 passed by the Sub Divisional Officer, Sanchore was dismissed. The Sub Divisional Officer, Sanchore vide its order dated 12.01.2004 had allowed the application filed by the respondents under Section 136 of the Rajasthan Land Revenue Act, 1956.
(2.) A Gair Mumkin Rasta existed earlier in Khasra No. 853 prior to the settlement proceedings. During the settlement proceedings, the Rasta was deleted from the Map prepared after the settlement proceedings. Aggrieved, the respondents filed an application under Section 136 of the Rajasthan Land Revenue Act, 1956 (hereinafter referred to as "the Act of 1956") before the Sub Divisional Officer, Sanchore stating therein that Khasra No. 853(old) of village Bicchawadi measuring 8 Bigha which was duly recorded as Gair Mumkin Rasta has been deleted and the same has been added and entered into the Khatedari of new Khasra Nos. 748, 750 and 751. The Sub Divisional Officer, Sanchore vide its order 17.11.1999 rectified the same and duly entered the same in the revenue record accordingly as per mark A and B of the Map. Aggrieved by the order dated 17.11.1999, the petitioners filed an appeal before the Additional Divisional Commissioner, Jodhpur. The said appeal was allowed vide judgment dated 10.08.2001 and the order dated 17.11.1999 was set aside and a direction was passed to hear and decide the matter afresh in accordance with law. After the matter was remanded, the same was heard afresh. The petitioners filed their reply and after hearing the parties, the Sub Divisional Officer, Sanchore allowed the application of the respondents vide its order dated 12.01.2004 and ordered that the Gair Mumkin Rasta which was earlier falling in old Khasra Nos. 853 be now shown in the revenue record from Mark "A" to "B" in the present Khasra Nos. 748, 750 and 751. The petitioners once again challenged the said order dated 12.01.2004 before the Additional Divisional Commissioner, Jodhpur. However, this time too the appeal of the petitioners was dismissed by the Additional Divisional Commissioner, Jodhpur on 21.03.2006. The petitioners challenged the said order by way of an appeal under Section 76 of the Act of 1956 before the Board of Revenue, Rajasthan, Ajmer. The Board of Revenue too dismissed the appeal of the petitioners. Hence, the present writ petition has been filed against the concurrent findings of the courts below.
(3.) While praying for setting aside the impugned orders, learned counsel for the petitioners submitted that the Land Records Officer can exercise its jurisdiction under Section 136 of the Act of 1956 only when there is correction or clerical errors. In the present case, the khatedari rights of the petitioners have been cancelled and instead, the land has been recorded as 'way' which has resulted in reducing the area of the land of the petitioners and that Section 136 of the Act of 1956 cannot be used to draw out a path or way, as the case may be. It is further stated that the said 'way', as projected by the respondents, never existed and the respondents took advantage of the old trace Map entries.;