Harchand S/O Laxminarayan vs Mohar Singh S/O Banwari
2022 Latest Caselaw 5620 Raj/2

Citation : 2022 Latest Caselaw 5620 Raj/2
Judgement Date : 17 August, 2022

Rajasthan High Court

Harchand S/O Laxminarayan vs Mohar Singh S/O Banwari on 17 August, 2022

Bench: Mahendar Kumar Goyal

          HIGH COURT OF JUDICATURE FOR RAJASTHAN
                      BENCH AT JAIPUR

               S.B. Civil Writ Petition No. 10389/2022

Harchand & Anr.
                                                                  ----Petitioners
                                   Versus
Mohar Singh & Ors.
                                                                ----Respondents

For Petitioner(s) : Mr. R.N. Mathur, Sr. Adv. with Mr. Shovit Jhajharia & Mr. Hemant Singh Yadav For Respondent(s) :

HON'BLE MR. JUSTICE MAHENDAR KUMAR GOYAL

Order

17/08/2022 For the reasons stated in the application (1/2022), the same is allowed. The compromise/letter dated 05.11.2011 is taken on record.

Learned Senior Counsel for the petitioners submits that without appreciating the provisions of Section 251-A of the Rajasthan Tenancy Act, 1955 which mandate widening of an existing way or a new way only if the necessity is absolute necessity and there is absence of alternative means of access, the

order impugned has been passed. He submitted from the material on record, it was apparent that the respondents No.1 to 5/applicants not only had alternative way; but, there was no absolute necessity for widening of the way. Learned counsel submits that the letter dated 05.11.2011 issued by the Sarpanch can, by no stretch of imagination, be construed as compromise between the parties.

Issue notice confined to the respondents No.1 to 5 of the writ petition as well as of stay application. Rule is made returnable by five weeks. Notices be filed in two sets. One set of notices be sent through registered post with acknowledgment due. Steps to be taken within a week.

(2 of 2) [CW-10389/2022]

Heard learned Senior Counsel on interim relief. Taking into consideration the contentions advanced by him and the material on record, this Court deems it just and proper to stay the operation and effect of the judgment dated 15.06.2022 passed by the Board of Revenue Rajasthan, Ajmer in Revision/TA/8613/2018/ Jhunjhunu; Harchand Vs. Mohar Singh, till further orders.

(MAHENDAR KUMAR GOYAL),J

Sudha/76