Ghewarram vs Board Of Revenue, Ajmer
2021 Latest Caselaw 11106 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 7025/2021

Ghewarram S/o Shri Dalaram, Aged About 52 Years, B/c Gurjar, R/o Ganv Riyan Shyam Das Tehsil Merta, Dist. Nagaur (Raj.)

----Petitioner Versus Board Of Revenue, Ajmer, Ajmer.

                                                                ----Respondent


For Petitioner(s)        :     Mr. Ananda Ram
For Respondent(s)        :     Mr. Avinash Acharya
                               Mr. Ranjeet Joshi



            HON'BLE MR. JUSTICE VIJAY BISHNOI

                         Judgment / Order

19/07/2021

This writ petition has been preferred on behalf of the

petitioner being aggrieved with the order dated 17.02.21 passed

by the Sub Divisional Officer, Merta, order dated 01.03.2021

passed by the Revenue Appellate Authority, Nagaur and the order

dated 30.03.2021 passed by the Board of Revenue, Ajmer.

Brief facts of the case are that respondent Nos.6 to 10 have

filed an application under Section 251 (A) of the Rajasthan

Tenancy Act, 1955 with a prayer for sanctioning a way, which as

per the petitioner, allegedly going from his agricultural field.

The Sub Divisional Officer vide order 17.02.2021 has ordered

for sanctioning the public way on the application preferred by the

respondent Nos.6 to 10. Being aggrieved with the same, the

petitioner has preferred an appeal before the Revenue Appellate

Authority and along with the appeal, an application for interim

stay was also filed, but the Revenue Appellate Authority has

(2 of 2) [CW-7025/2021]

rejected the application for interim stay vide order dated

01.03.2021, against which, the petitioner has preferred a revision

petition before the Board of Revenue, which also came to be

dismissed with direction to the Revenue Appellate Authority to

decide the appeal preferred by the petitioner expeditiously,

preferably within a period of one month.

This Court while issuing notices to the respondents on

27.05.2021 has also directed the parties to maintain status quo.

Having heard learned counsel for the parties and after going

through the material available on record, I do not find any case for

interference in this writ petition and the same is hereby dismissed.

However, the Revenue Appellate Authority, Nagaur is directed

to decide the appeal No.76/21 preferred on behalf of the petitioner

against the order dated 17.02.2021 passed by the Sub Divisional

Officer, Merta on merits in accordance with law within a period of

ten days from the date of production of certified copy of this order.

The parties are directed to maintain status quo, as it exists

on 27.05.2021, till the appeal is decided by the Revenue Appellate

Authority, Nagaur.

Stay petition is also dismissed.

(VIJAY BISHNOI),J

114-Arun/-

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