IMPORTANT POINT
The court emphasized the importance of providing the shortest or nearest route as per the law and highlighted the necessity of impleading relevant parties in cases involving way for khatedar tenants.

ORDER :

1. Heard learned counsel for the parties.

2. The present writ petition has been filed against the order dated 13.10.2022 passed by the Revenue Appellate Authority and the order dated 31.07.2023 passed by the Board of Revenue, Rajasthan, Ajmer.

3. Briefly, the facts noted in the present case are that the petitioners are recorded khatedars of a land bearing Khasra No. 49 at Village Bankas, Tehsil, Jaitaran, District Pali which is adjoining to the land located at Khasra No. 48 of private respondent Nos. 4 & 5. The private respondents are also recorded khatedar tenants of the lands of Khasra Nos. 54 & 55. Since there was no way for the private respondents to approach Khasra Nos. 54 & 55, an application under Section 251-A of the Rajasthan Tenancy Act, 1955 (hereinafter referred to as the ‘Act of 1955’) and the Rules framed thereunder was filed by the private respondents. The application so preferred was rejected by the learned Sub Divisional Officer, Jaitaran vide order dated 21.03.2022 on the ground that the private respondents-applicants have not arrayed the khatedar tenants of Khasra No. 56 as party respondents. The order passed by the SDO, Jaitaran was assailed by the private respondents by way of filing an appeal before the Revenue Appellate Authority, Pali. The Revenue Appellate Authority, Pali, vide its judgment dated 13.10.2022 allowed the appeal and it was directed that the way be given to the appellants (respondents herein) through 12 Biswa land of Khasra No. 48 & 1 Biswa land of Khasra No. 49 of the petitioners. The order of the Revenue Appellate Authority, Pali was assailed by the petitioners by way of filing a revision petition before the Board of Revenue, Rajasthan, Ajmer and the Board of Revenue vide judgment dated 31.07.2023, dismissed the revision petition affirming the judgment dated 13.10.2022 passed by the Revenue Appellate Authority, Pali. Hence, the present writ petition has been filed.

4. Learned counsel for the petitioners submits that on the application preferred by the private respondents under Section 251-A of the Act of 1955, a Site Inspection Report was submitted by the Patwari Halka on 06.04.2021, wherein, three options were proposed. As per the Option No. 2, the land of Khasra No. 56 can be utilized for giving the way to the private respondents for going to their Khasra Nos. 54 & 55 as the same is the shortest route and, thus, the khatedar tenant of Khasra No. 56 was a necessary party.

5. Learned counsel for the petitioners further submits that since the khatedar tenant of Khasra No. 56 was not arrayed as party respondent, therefore, the learned SDO rejected the application preferred by the private respondents. Learned counsel submits that Section 251-A of the Act of 1955 read with Rule 69 of the Rajasthan Tenancy Rules, 1955 mandates for providing the shortest or nearest route, thus, as per the Site Inspection Report of the Patwari dated 06.04.2021, the Option No. 2 is the only feasible option for providing the way to the private respondents to approach their fields located in Khasra Nos. 54 & 55.

6. Learned counsel for the petitioners also submits that the Revenue Appellate Authority has not given any reasoning for not impleading the khatedar tenant of Khasra No. 56 as party respondents and at the same time, there is no reasoning in the appellate order for not providing the shortest way as per Option No. 2 mentioned in the Site Inspection Report of the Patwari Halka dated 06.04.2021. The order of the Revenue Appellate Authority does not reflect any reason for providing the way only through Khasra No. 49 and not through Khasra No. 56 which is the shortest possible way among the two. He further submits that on the same ground, the Board of Revenue has also rejected the revision petition without recording any reason while affirming the judgment passed by the Revenue Appellate Authority, Pali. He, therefore, prays that the writ petition may be allowed, the order passed by the SDO, Jaitaran may be uph