[2025:RJ-JD:53930]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 23761/2025

1. Santosh W/o Late Lala Ram, Aged About 55 Years, R/o Village Kudki, Tehsil Jaitaran, Dist. Beawar.

2. Teja Ram S/o Late Lala Ram, Aged About 30 Years, R/o Village Kudki, Tehsil Jaitaran, Dist. Beawar.

3. Ashok S/o Late Lala Ram, Aged About 28 Years, R/o Village Kudki, Tehsil Jaitaran, Dist. Beawar.

4. Praveen S/o Late Lala Ram, Aged About 20 Years, R/o Village Kudki, Tehsil Jaitaran, Dist. Beawar.

----Petitioners Versus

1. The State Of Rajasthan, Through Tehsildar, Jaitaran, Dist.

Beawar.

2. The Superintendent Of Police, Beawar.

3. The Sho, Police Station Ras, Tehsil Jaitaran, Dist. Beawar.

----Respondents For Petitioner(s) : Mr. Mahipal Singh for Mr. Mahaveer Singh For Respondent(s) : Mr. SR Paliwal, GC HON'BLE DR. JUSTICE NUPUR BHATI

Order

15/12/2025

1. The instant writ petition has been filed by the petitioner with the following reliefs:-

“It is, therefore, humbly prayed that the present writ petition may kindly be allowed and the respondents may be directed to comply with the order dated 28.06.2025 passed by the office of Sub Divisional Officer, Jaitaran in case No. 172/2022 GCMS No. 2022/375 (Annexure-

2) in its letter.

Any other appropriate order or direction which this Hon'ble Court may deem just and proper may also be passed in favour of the petitioners.”

2. Brief facts of the case are that the petitioner, a bona fide agriculturist whose livelihood depends entirely on farming activities at Khasra No. 380, Village Kudki, filed an application under Section 251-A of the Rajasthan Tenancy Act, 1955 before the Sub Divisional Officer, Jaitaran, asserting obstruction of the sole access path (katani rasta) over Khasra Nos. 374/373 by private persons, blocking entry to their agricultural field despite years of unchallenged use. After notices, reply, and site inspection by the Tehsildar confirming no alternative route exists except via Khasra No. 373. After that the SDO vide order dated 28.06.2025 allowed the application under Section 251, directing the private respondents to open the way with due demarcation while imposing Rs. 38,700/- compensation on the petitioner, which was promptly deposited. Despite repeated requests, including a follow-up order dated 10.11.2025 directing Naib Tehsildar and revenue officials to enforce compliance with police assistance, respondents No. 2 & 3 dispatched personnel who arrived at site (as evidenced by photographs) but retreated under political influence without removing obstacles, brazenly defying judicial mandate. The respondents now openly refuse compliance under political pressure, leaving the petitioner without access to their sole agricultural field and livelihood. Hence, this writ petition seeks enforcement of the lawful order dated 28.06.2025.

3. Issue notice.

4. Mr. SR Paliwal, accepts notice on behalf of the respondent-

State.

5. Learned counsel for the respondents, at the outset, submits that partial compliance of the order dated 28.06.2025 has been achieved; inasmuch as the land in question has now been recorded as a public way. He further submits that, in the interest of justice and to avoid harming the standing crops of the contesting parties, the said crops have not yet been removed from the way. However, he undertakes that the public way shall be fully opened within a period of two months.

6. Learned counsel for the petitioners is not in a position to refute that partial compliance of the order dated 28.06.2025 is made by the respondents.

7. Thus, in view of the above submissions made, the writ petition is disposed of with the directions to respondent- authorities to make compliance of the order dated 28.06.2025 in its true letter and spirit. (DR.NUPUR BHATI),J surabhii/4-