JUDGMENT :

1. This writ petition under Articles 226 & 227 of the Constitution of India has been preferred claiming the following reliefs:

“It is therefore most humbly prayed that this writ petition may kindly be allowed: a) That by an appropriate writ, order and direction be issued and order/judgment impugned dated 19.07.2022 (Annexure-17) passed by learned Board of Revenue in Revision Petition No.1291/2021/Nagaur titled as “Dhanna Ram vs. Keshra Ram” may kindly be quashed and set aside, the revision petition preferred by the petitioner before the learned Board of Revenue may kindly be allowed

b) That by an appropriate writ, order or direction be issued and order dated 05.02.2021 (Annexure-13) passed by learned Revenue Appellate Authority in Appeal No.188/2020 titled as “Dhanna Ram vs. Keshra Ram” as well as order dated 16.10.2020 (Annexure-7) passed by learned Assistant Collector Nawa in Misc. Case by the respondent under Section 251A may kindly be dismissed.

c) That the any other relief, which this Hon’ble Court deems fit, by which the petitioner may get full justice may also be allowed.”

2. Brief facts of the case, as placed before this Court by learned counsel for the petitioner, are that the petitioner was having an agricultural land comprising Khasra No.149 situated at Village Shimbhu Pura, Tehsil-Nawa, District Nagaur and the private respondent was also having an agricultural land comprising Khasra Nos.147 & 148 at Village Shimbhu Pura, Tehsil Nawa, District Nagaur.

2.1. The private respondent filed an application (registered as Case No.116/2020) under Section 251-A of the Rajasthan Tenancy Act, 1955 (hereinafter referred to as ‘Act of 1955’) before the Court of learned Sub-Divisional Officer (SDO), Nawa, Nagaur, for sanctioning of a new way pertaining to the aforementioned agricultural land of Khasra Nos. 147 and 148 of the private respondent, from the aforesaid land of the petitioner. Thereupon, the learned SDO, after hearing the parties and in pursuance of the factual report so submitted before it, allowed the said application and sanctioned the new way from the land of the petitioner, vide the impugned judgment dated 16.10.2020.

2.2. The petitioner, against the aforesaid judgment, filed an appeal (registered as Appeal no. 188/2020/225/Nawa) against the aforesaid judgment dated 16.10.2020, before the learned Revenue Appellate Authority (RAA), Nagaur; the learned RAA passed interim order dated 22.10.2020, directing the parties to maintain the status quo, as it existed on that date, in respect of the land in question, during pendency of the said appeal; the learned RAA also sought a report from the Tehsildar concerned in respect of the land in question. Thereafter, the learned RAA, after hearing the parties and perusing the report of the Tehsildar 21.01.2021, dismissed the said appeal, vide the impugned judgment dated 05.02.2021.

2.3. The petitioner, against the impugned judgment dated 05.02.2021, preferred a Revision Petition (registered as Revision Petition No.1291/2021) before the learned Board of Revenue (BOR) for Rajasthan, at Ajmer under Section 230 read with Section 221 of the Act of 1955. The learned BOR also passed an interim order dated 06.04.2021, directing the parties to maintain status quo in respect of the land in question. Thereafter, the learned BOR vide the impugned judgment dated 19.07.2022 dismissed the said revision petition preferred by the petitioner.

2.4. Thus being aggrieved by the impugned judgments dated 16.10.2020 passed by the learned SDO; dated 05.02.2021 passed by the learned RAA and; dated 19.07.2022 passed by the learned BOR, the petitioner has preferred this writ petition, claiming the aforequoted reliefs.

3. Learned counsel for the petitioner submitted that the private respondent was seeking an alternative way from the petitioner’s land, despite availability of an alternative land for the purpose in question. He further submitted that the learned revenue authorities below, while passing the imp