The Tehsildar exceeded jurisdiction by acting before the Gram Panchayat's decision, necessitating civil suits for disputed easement claims rather than summary proceedings.

Order :

1) The present writ petition has been filed with the following prayers:-

“It is therefore humble respectfully prayed that this writ petition may kindly be allowed and the order dated 16.04.2021 (Annx.5) passed by the Board of Revenue, Ajmer in Revision Petition No.4504/2015; Roopdan & Ors. Vs. Heer Singh & Ors., may be quashed and the order dated 18.06.2015 (Annx.3) passed by the court of Additional District Collector, Jalore in first Revenue Appeal No.82/2015; Heer Singh & Ors. Vs. Roopdan & Ors., may be upheld. Any other appropriate writ order or direction which this Hon’ble Court deems fit may be passed in favour of the petitioners.

Cost of the writ petition may be allowed in favour of the petitioners.”

2) The brief facts leading to the present writ petition is that the respondents No.1 to 5 have made an application under Section 251 of the Rajasthan Tenancy Act, 1955 (hereinafter referred to as, “the Tenancy Act”) to the Tehsildar, Sayala for opening of 50 years old path lying in between the Khasara No.171 and 172 belonging to the writ-petitioners for access to their khatedari land situated in Khasara No.176, 178 and 188. The said application was forwarded to Patwari, Gram Panchayat Otwala to conduct an enquiry. The Patwari conducted spot inspection on 09.8.2014 and prepared his report, which was presented to the Tehsildar on 11.08.2014. The report disclosed Khasara No.171 is the Khatedari land of Kalu Singh and Heer Singh (present petitioners), who are the sons of Sawai Singh. The report also disclosed that there was an old path in between Khasara Nos.171 and 172 to reach to the land in Khasara Nos.176, 178 and 188. The said path was not recorded in the revenue records. However, the signs of existing such path was noticed in the spot inspection, which was allegedly closed by the writ-petitioners with a barbed-wire fencing. The Patwari also examined the witnesses present on the spot and drawn the map indicating the places of obstruction identifying as ‘A to B’ and operational path was marked as ‘B to C’ upto Khasara Nos.176, 178 and 188. The said old path was closed.

3) The Tehsildar after receiving the report of Patwari forwarded the entire file to the Gram Panchayat, Otwala on 12.08.2014 to take a decision in terms of the rules. On 05.09.2014, the Sarpanch of Gram Panchayat, Otwala sent back the file expressing the Panchayat inability to get the path open. On receipt of such file from the Gram Panchayat, Otwala, the Tehsildar, Sayala commenced the proceedings under Section 251 of the Tenancy Act and notices were issued to the writ-petitioners as well as to the respondents No.1 to 5.

4) The pleadings of the respondents No.1 to 5 show that the old path was running from northern border of Khasara No.171 and the said path had been in use for many years and the writ petitioners have closed the said path, which is 250 meters away to the fields of respondents No.1 to 5. The pleadings also show that the path from Khasara No.155 to have access to their fields of respondents No.1 to 5 was at a distance of 2 kilometer from the village. The another path from Khasara No.113 goes through the pond and in rainy season, when the water was restored, there was no access from such Khasara number’s land and it is also one kilometer away. The old access from Khasara No.171 is only 250 feet away to the respondents fields.

5) The pleadings also show that the Gram Panchayat constituted a committee to make investigation of the case and as per the Comm