SHIV LAL Vs. BOARD OF REVENUE RAJASTHAN

JUDGEMENT

(1.) HEARD learned Counsel for the parties.

(2.) THE dispute, in both these writ petitions, relates to a public way in Khasra No. 1032, therefore, both the writ petitions heard together and are being disposed of by this common order.

(3.) THE learned Counsel for the petitioners contended that the trial court as well as the first appellate court, both, decided the matter on merits and recorded a finding that the land, in dispute, was of khatedari rights of the petitioners and it was wrongly shown in the public way, therefore, their suit was rightly decreed. The Revenue Board committed an illegality in setting - aside the judgment and decree passed by both the courts below and in remanding the matter, therefore, he contended that the order passed by the Revenue Board be set -aside and that of the trial court and the appellate court be restored.