Extracted from the PDF above. The PDF is authoritative.
[2025:RJ-JP:27126] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No.10781/2025 Ranjeet S/o Shri Khetaram, Aged About 73 Years, R/o Roop Nagar, Meelon Ki Dhani, Tehsil Fatehpur, District Sikar (Raj.) ----Petitioner Versus
1. State Of Rajasthan, Through Sub Divisional Officer, Fatehpur-Shekhawati, District Sikar (Raj.)
2. Tehsildar, Tehsil Fatehpur, Fatehpur, District Sikar (Raj.)
3. Patwari Athwas, Tehsil Fatehpur, District Sikar (Raj.)
4. Girdhari Lal Meel S/o Shri Panna Ram Meel, R/o Village Meelon Ki Dhani, Roopnagar, Police Station Sadar, Fatehpur Shekhawati, District Sikar (Rajasthan) ----Respondents For Petitioner(s) : Mr. Manish Choudhary JUSTICE ANOOP KUMAR DHAND
Order 21/07/2025
1. By way of filing this writ petition, a challenge has been led to the impugned order dated 01.05.2025 passed by Sub-Divisional Officer, Fatehpur District Sikar (for short “SDO”).
2. By way of passing aforesaid order, the SDO has issued a direction to the Tehsildar, Fatehpur to make an enquiry about the obstruction of way (if any), the order reveals that the interim
order dated 20.01.2025 was passed, but inspite of above, the way in question was obstructed.
3.
Learned counsel for the petitioner submits that no way was ever obstructed by the petitioner rather he is in cultivation of his agricultural land. Under these circumstances, there was no reason
[2025:RJ-JP:27126] (2 of 2) [CW-10781/2025] or occasion available with the SDO to pass the order impugned and hence, interference of this Court is warranted.
4. Heard and considered the submissions made at the Bar and perused the material available on the record.
5. Perusal of the order dated 01.05.2025 indicates that a direction has been issued to the Tehsildar to make an enquiry with regard to the factual position of the way.
6. This Court, under its inherent jurisdiction contained under Article 226 of the Constitution of India, cannot enter into the merits of the case and look into the disputed question of fact, as to whether any obstruction has been caused on the way in question or not. It is for the authority to decide.
7. In case, the petitioner feels aggrieved by the aforesaid order, he is at liberty to approach appropriate forum of law for redressal of his grievances.
8. Accordingly, the writ petition stands disposed of. Stay application as well as all application (pending, if any) also stand
disposed of.
(ANOOP KUMAR DHAND),J Karan/15