Rajasthan High Court - Jodhpur
Ramu Ram vs Jagmal Singh on 5 April, 2018
Author: Gopal Krishan Vyas
Bench: Gopal Krishan Vyas
HIGH COURT OF JUDICATURE FOR RAJASTHAN
AT JODHPUR
D.B. Spl. Appl. Writ No. 498 / 2018
Ramu Ram S/o Shri Rugha Ram, Aged About 60 Years, By Caste
Jat, R/o Nokha Village, Tehsil Nokha, District Bikaner.
----Appellant
Versus
Jagmal Singh S/o Shri Nensingh, By Caste Rajput, R/o Dhani
Nokha Village Tehsil Nokha, District Bikaner
----Respondent
_____________________________________________________
For Appellant(s) : Mr. I.R. Choudhary.
_____________________________________________________
HON'BLE MR. JUSTICE GOPAL KRISHAN VYAS
HON'BLE MR. JUSTICE RAMCHANDRA SINGH JHALA
JUDGMENT
05/04/2018 Heard.
The instant special appeal has been filed by the appellant- Ramu Ram, under Article 225 of the Constitution of India read with Rule 134 of the Rajasthan High Court Rules against the order dated 02nd of January 2018 passed by learned Single Judge in SBCWP No.15682/2017, whereby the learned Single Judge dismissed the writ petition filed by the writ-petitioner/appellant against the order (Annex.4) dated 12.03.2016 passed by learned S.D.O., Nokha and the order (Annex.6) dated 08.08.2016 passed (2 of 2) [SAW-498/2018] by learned Revenue Appellate Authority, Bikaner and orders (Annex.8 & 9) dated 04.10.2017 and 01.11.2017 passed by learned Board of Revenue Ajmer. It is also prayed that the initial application filed by the respondent may also be rejected.
As per facts of the case, the respondent filed an application under Section 251A of the Rajasthan Tenancy Act, 1955 seeking a new alternative path. The said application was allowed by the S.D.O., Nokha after considering the relevant facts. Thereafter the learned Revenue Appellate Authority, Bikaner and Board of Revenue, Ajmer upheld the findings arrived at by the learned S.D.O. The learned Single Judge observed that the concurrent findings recorded by the courts below that there was no alternative path available, does not require any interference because said finding was given after considering the report of the Patwari as well as perusing the map.
In view of the fact that there is concurrent finding of courts below viz. SDO, Nokha, Revenue Appellate Authority, Bikaner and learned Board of Revenue, which is based upon facts, we are not inclined to interfere in this special appeal so as to quash the orders whereby it has been held that the respondent has rightly invoked Section 251A of the Rajasthan Tenancy Act, 1955.
Consequently, this special appeal is hereby dismissed. (RAMCHANDRA SINGH JHALA) J. (GOPAL KRISHAN VYAS) J. DJ/-
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