Rajasthan Tenancy Act, 1955–Sec. 251–Application under–Allowed by the Tehsildar–Addl. District Collector set aside the order in the appeal–In the revision, BOR reversed the order of appellate authority–Justification–Record of case reveals that after receiving the application, Tehsildar obtained the inquiry report and, thereafter, forwarded the matter to Gram Panchayat –Report was having the prejudicial effect on the decision making process of Gram Panchayat –Further, the report of Committee does not indicate that there was an old path and the respondents have easementary rights over such a path–Path is over the khatedari land of writ petitioners–Furthermore, there is no material on record to show that the decision to send back the file to the Tehsildar prior to the 45 days was the collective decision of the Gram Panchayat–Report of Patwari was an ex-parte report–Impugned orders are liable to be set aside–Application u/s. 251 stood dismissed.
