[2025:RJ-JD:34793]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 6107/2025

1. Gopilal S/o Shri Hukmichand, Aged About 71 Years, R/o Soniyana, Tehsil Sahada, District Bhilwara (Raj.).

2. Mohanlal S/o Shri Kishna, Aged About 50 Years, R/o Soniyana, Tehsil Sahada, District Bhilwara (Raj.).

3. Paras S/o Shri Gopilal, Aged About 48 Years, R/o Soniyana, Tehsil Sahada, District Bhilwara (Raj.).

4. Roshan Lal S/o Shri Gopilal, Aged About 40 Years, R/o Soniyana, Tehsil Sahada, District Bhilwara (Raj.).

5. Shobha Lal S/o Shri Lehrulal, Aged About 47 Years, R/o Soniyana, Tehsil Sahada, District Bhilwara (Raj.).

6. Smt. Sunder W/o Shri Lehrulal, Aged About 72 Years, R/o Soniyana, Tehsil Sahada, District Bhilwara (Raj.).

7. Lrs Of Shri Jeetmal S/o Shri Ghisa Ji, Through Lrs.

8. Badri Lal S/o Shri Jeet Mal, Aged About 48 Years, R/o Soniyana, Tehsil Sahada, District Bhilwara (Raj.).

9. Jagdish S/o Shri Jeet Mal, Aged About 44 Years, R/o Soniyana, Tehsil Sahada, District Bhilwara (Raj.).

10. Smt Noasar D/o Shri Jeet Mal W/o Shri Gheri Lal Jat, Aged About 40 Years, R/o Lasadiya, Tehsil Rashmi, District Chittorgarh (Raj.).

11. Smt. Sushila D/o Shrikishan, Aged About 43 Years, R/o Soniyana, Tehsil Sahada, District Bhilwara (Raj.).

12. Smt. Dhapu W/o Shrikishan, Aged About 72 Years, R/o Soniyana, Tehsil Sahada, District Bhilwara (Raj.).

----Petitioners Versus

1. State Of Rajasthan, Through- Tehsildar, Tehsil Sahada, District Bhilwara (Raj.).

2. Board Of Revenue, Ajmer (Raj.).

3. Revenue Appellate Authority, Bhilwara (Raj.).

4. Sub Divisional Officer, Gangapur (Raj.).

5. Kalu S/o Barda Oad, R/o Ramkheda, Tehsil Sahada, District Bhilwara (Raj.).

6. Smt. Jassu W/o Kalu Oad, R/o Ramkheda, Tehsil Sahada, District Bhilwara (Raj.).

7. Smt. Prem D/o Barda Oad, R/o Ramkheda, Tehsil Sahada, District Bhilwara (Raj.).

8. Smt. Nopi @ Chandi, R/o Soniyana, Tehsil Sahada, District Bhilwara (Raj.).

9. Mohan Lal S/o Shri Ghisa, R/o Soniyana, Tehsil Sahada, District Bhilwara (Raj.).

----Respondents For Petitioner(s) : Mr. Usman Ghani For Respondent(s) : Mr. Rajesh Choudhary HON'BLE MR. JUSTICE KULDEEP MATHUR

Order

06/08/2025

1. By way of filing the present writ petition under Article 226 of the Constitution of India, the petitioner has prayed for the following reliefs:-

“It is, therefore, most respectfully prayed that this writ petition may kindly be allowed and an appropriate writ, order or direction may kindly be issued and :-

a). the impugned judgment and order dated

08.01.2025 (Annexure P/4) passed by the Learned Board of Revenue, Ajmer (Rajasthan), may kindly be quashed & set aside; and b). The judgment and decree dated 03.01.2020 (Annexure P/2) passed by the Learned Sub-Divisional Officer, Gangapur (Rajasthan) and also the judgment dated 24.08.2022(Annexure P/3) passed by the Revenue Appellate Authority, Bhilwara (Raj.), may kindly be quasehd and set aside; and application filed by the private respondents may kindly be rejected c). During the pendency of this writ petition, the effect and operation of the impugned judgment and order dated 03.01.2020(Annexure P/2) passed by the Learned Sub Division Officer, Gangapur District Bhilwara, may kindly be ordered to be stayed and the respondents are also directed to maintain the status quo with regard to the suit property;

and d) Any other appropriate writ, order or direction, which is considered just and proper in the facts and circumstances of the case, may kindly be passed in favour of the Petitioner.”

2. Learned counsel for the petitioner submitted that Section 251-A of the Rajasthan Tenancy Act, 1951 was invoked by the private respondents seeking a new path on the ground as no alternative path was available. He submitted that the prayer for new path was contested by the petitioners with an assertion that alternative way is already available to the applicants/ private respondents and in case the alternative way/path as prayed is provided, then the same would be from their khatedari agricultural land.

3. Learne