Back to All Types of Cases
Revenue Suit & Proceeding Guide

Right of Way & Easements (Rasta Nikaas)

Suits filed before the Tehsildar to seek a new pathway, widen existing pathways, or clear blockages in paths leading to agricultural fields.

Statutory Source: Section 251 & 251-A, Rajasthan Tenancy Act 1955
Competent Court: Tehsildar Court
Legal Overview & Purpose

Understanding Right of Way & Easements (Rasta Nikaas)

Access rights to agricultural fields (Rasta Nikaas) are governed by Sections 251 and 251-A of the Rajasthan Tenancy Act, 1955. These statutory provisions empower Tehsildars to remove blockages from traditional field pathways or sanction new pathways through adjacent agricultural land upon payment of fair compensation.

Key Provisions & Legal Guidelines

Section 251 (Removal of Obstructions)

Summary application before Tehsildar to reopen blocked traditional pathways or customary field tracks.

Section 251-A (Sanction of New Pathway)

Statutory application seeking grant of a new passage through neighboring agricultural land when no reasonable alternative route exists.

Spot Inspection Requirement

Tehsildar orders immediate Mauka Girdawari (field spot report) by Halka Patwari before passing interim passage orders.

Step-by-Step Trial Procedure & Roadmap

1
Application filing before Tehsildar Court
2
Immediate order for Mauka Report (Spot inspection by Patwari)
3
Notice to owners of adjacent agricultural fields
4
Interim passage protection order if crop harvest is pending
5
Assessment of DLC land compensation under Sec 251-A if new path sanctioned
6
Final sanction order and physical boundary demarcation of pathway

Required Document Checklist for Filing

Khasra Trace Map (Aks Shajra) showing location of fields
Proof of continuous customary field passage or harvest access
Details of adjoining field survey numbers and landholders
Formal application under Section 251 / 251-A before Tehsildar

Key Precedents & Judicial Rulings

⚖️ 2026 RRD 150: Tehsildar has statutory duty under Sec 251 to reopen blocked customary paths even if a longer alternate route exists.

⚖️ 2025 RLW 210: Compensation under Section 251-A must be calculated on DLC rates of the affected land strip.

Frequently Asked Questions (FAQs)

Q: What is the key difference between Section 251 and 251-A?

Ans: Section 251 reopens existing/traditional blocked paths; Section 251-A sanctions a new passage through adjacent fields.

Overview of Rajasthan Revenue Law | Revenue Law Raj