Sultan Ram S/o Shri Roop Ram v. Board of Revenue, Ajmer Through Its Registrar
2017-05-03
ARUN BHANSALI
body2017
DigiLaw.ai
ORDER : Arun Bhansali, J. This writ petition has been filed by the petitioners aggrieved against the order dated 21.10.2016 passed by the Board of Revenue ('the Board'), whereby the order dated 02.12.2015 passed by the Revenue Appellate Authority ('the RAA') has been set aside. 2. The RAA, had dismissed the appeal filed by the respondents against the order dated 21.11.2016 passed by the SDO (Revenue) Sriganganagar, whereby application filed by the petitioners under Section 251-A of the Rajasthan Tenancy Act, 1955 was allowed and the respondents were directed to provide way to the petitioner in Murabba No.45, Kila No. 5, 6, 15, 16 and 25. 3. During pendency of this writ petition, the parties have come to a settlement, whereby it is proposed by the respondents No.6 and 7 that instead of giving way from Kila No. 5, 6, 15, 16 and 25, they would provide the way from Kila No.1, 10, 11, 20 and 21 as suggested before the RAA, however, the petitioners would be required to make payment of a further sum of Rs.70,000/- over and above the amount, which has been determined vide Annex.-9 i.e. Rs.1,25,520/-. The said proposal made by the respondents has been agreed to by the petitioners. 4. In view of the agreement between the parties, the writ petition filed by the petitioners is partly allowed. The order dated 21.10.2016 passed by the Board of Revenue is set aside. The order passed by the SDO dated 21.11.2016 is modified to the extent that the respondents No.6 and 7 would provide way to the petitioners' field in Murabba No.48 from Murabba No.45, Kila No.1, 10, 11, 20 and 21 adjoining to the Pakka water course, which is already in existence, on further payment of Rs.70,000/- over and above the amount of Rs.1,25,520/- already determined vide Annex.-9 i.e. a total sum of Rs.1,95,520/-. 5. The amount be paid within a period of two months and on payment of the said amount, the petitioners would be entitled to execute the directions as noticed hereinbefore.