JUDGMENT 1. - Heard learned counsel for the parties.An application has been moved on behalf of respondent No. 5 Bhura Ram along with deed of settlement arrived between the parties. 2. In the petition it is stated that respondent No. 5 leaves all claims laid by him to the right of way through Killa Nos. 23; 24 and 25 of Muraba No. 6 in Chak No. 12 DWD admitting the claim of the petitioner as its rightful tenant. 3. The petition has arisen as a result of suit filed by the present petitioner against one Bhera Ram alleging that Killa Nos. 22 to 25 of Muraba No. 6 in Chak No. 12 DWD is part of his land. However the defendant Bhura Ram had wrongly got entered two biswas of land of each Killa number as part of way to his field. A Killa consists of one bigha or 20 biswas. As a result of aforesaid only 18 biswas and in Killa No. 22 to 25 have been entered in the name of the petitioner instead of entered Killa. 4. On having come to know about this suit as filed for declaring that there was never a way through Killa Nos. 22 to 25 of Muraba No. 6 and entries to contrary may be corrected by recording the whole Killa Nos. 22 to 25 to be part of the petitioner's land instead of 18 Biswas each. 5. The defendant Bhura Ram contested the suit inter alia on the ground that through the land in question he always had a right of way to his field which he is using and some other persons are also using. The said land is part of way and he usually passes through the said way and when the same was blocked by the plaintiff in past it was got opened. 6. Learned S.D.O. decreed the suit of the plaintiff which was affirmed by the Revenue Appellate Authority. 7. However the Board of Revenue held that if land has been entered in Jama Bandi as Gair Mumkin Rasta no Khatedari rights can be declared therein until the record is corrected by holding an enquiry into the fact whether the wrongful entries have been made in the Jama Bandi in the the first instance. 7. However the Board of Revenue held that if land has been entered in Jama Bandi as Gair Mumkin Rasta no Khatedari rights can be declared therein until the record is corrected by holding an enquiry into the fact whether the wrongful entries have been made in the Jama Bandi in the the first instance. With this finding the appeal of the respondent No. 5 Bhura Ram was allowed and orders passed by the S.D.O. as well as by the Revenue Appellate Authority were set aside. 8. It may be pertinent to notice that so far as dispute between Bhera Ram and Bhsura Ram in concerned as to question of right of way of Bhura Ram through land in question stand settled by the compromise between the parties as stated in the Court. 9. However the fact remains that the entry in the land record was made as Gair Mumkin Rasta and State was not party to the proceedings until before the Board of Revenue. State Government has been impleaded only before the Court. No issue was tried between the State and the petitioner for determining whether the entries were made wrongfully in the Jama Bandi which require correction in favour of the petitioner. 10. In these circumstances this petition must fail. However the petitioner shall be at liberty to take appropriate proceedings, if so advised, for seeking correction in Jama Bandi's record, according to rights claimed by him and findings recorded in these proceedings shall not come in the way of the petitioner. On such issue being raised the authorities will be required to reach their finding uninfluenced by any findings re- corded in these proceedings.There shall be no order as to costs.Order accordingly. *******