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HIGH COURT OF RAJASTHAN (JODHPUR BENCH)
SANJEET PUROHIT
Arjun Ram, S/o. Shri Heera Ram – Appellant
Versus
Lichhman Ram, S/o. Shri Ramkaran – Respondent
Order :
SANJEET PUROHIT, J.
1. Present writ petitions have been filed challenging the orders dated 30.03.2021 (Annex.10) whereby petitioners’ application filed under Order 1 Rule 10(2) CPC for impleading khatedar of khasra no. 161 as a party was rejected by learned Sub-Divisional Officer (“SDO”), Makrana, Nagaur so also order dated 20.09.2022 (Annex.12) passed by Board of Revenue, Ajmer (“BOR”) rejecting revision petitioner of the petitioner.
As a matter of fact, petitioners in both the petitions are party to same proceedings and have challenged same orders by these two petitions. For the sake of convenience, facts of S.B. Civil Writ Petition No. 18952/2022 are taken into consideration for deciding both the writ petitions.
2. While elucidating the factual matrix of the present case, learned counsel for petitioner stated that an application under Section 251-A of the Rajasthan Tenancy Act, 1955 (“Act of 1955”) was preferred by Respondent Nos. 1 to 4 seeking grant of a new way through khatedari land of petitioners i.e. Khasra No. 162. Learned SDO, vide order dated 08.10.2013, allowed said application and granted new way to Respondent Nos. 1 to 4 from khasra No. 162, which resulted in div
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.
Section 251A are Laying of underground pipeline or opening a new way through another khatedar's holding or enlarging existing way.
Presence of all affected parties is essential for effective adjudication in property disputes.
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