Back
HIGH COURT OF RAJASTHAN (JODHPUR BENCH)
MR. JUSTICE VINIT KUMAR MATHUR, J
MADANLAL MEGHWAL – Appellant
Versus
THE STATE OF RAJASTHAN – Respondent
Order :
1. Heard learned counsel for the parties.
2. The present writ petition has been filed against the order dated 08.11.2024, whereby, the application preferred under Section 251 of the Rajasthan Tenancy Act has been allowed.
3. Learned counsel for the petitioner submits that despite there being no site inspection report, it has been observed in the order dated 08.11.2024 that as per the site inspection report, there is already a way existing on the land in question. Learned counsel further submits that the land on which the existing way has been ordered to be opened is recorded as ‘Gair Mumkin Naadi’ in the Revenue Record. He therefore, prays that the order passed by learned Tehsildar on 08.11.2024 is wholly erroneous and against the law and he, therefore, prays that the writ petition may be allowed.
4. Per contra, learned counsel for the respondent submits that the order dated 08.11.2024 is an appeable order and as the appeal lies against this order before the Revenue Appellate Authority, therefore, the writ petition may be dismissed on the ground of alternative remedy.
5. I have considered the submissions made at the Bar and gone through the relevant record of the case.
6. Althou
The court upheld the presumption of validity of authority orders, emphasizing the existence of an alternative remedy and declining to exercise writ jurisdiction under Article 226.
Judicial proceedings must adhere to due process, including providing notice and opportunity to be heard, failing which decisions are invalid.
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.
Judicial proceedings must adhere to due process, including the right to be heard and the requirement for evidence to be properly substantiated.
The presumption of tenancy under the Maharashtra Tenancy and Agricultural Lands Act requires proof of lawful cultivation on the 'tillers day,' which the petitioner failed to establish.
The central legal point established in the judgment is the importance of not substituting the court's own conclusions for those reached by the lower courts, especially when there are concurrent findi....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
