Bhagirath Ram vs State Of Rajasthan
2021 Latest Caselaw 12247 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR D.B. Special Appeal (Writ) No. 253/2020

Bhagirath Ram S/o Dularam, Aged About 53 Years, By Caste Jat, Resident Of Village And Post Bhinchari, Tehsil Ratangarh, District Churu.

----Appellant Versus

1. State Of Rajasthan, Through The Principal Secretary, Panchayati Raj Department, Govt. Of Raj. Jaipur.

2. The District Collector, Churu.

3. Panchayat Samiti, Ratangarh, Through Its Vikas Adhikari, Panchayat Samiti Ratangarh, District Churu.

4. Gram Panchayat Kusumdesar, Tehsil Ratangarh, Through Sarpanch, Gram Panchayat Kusumdesar, Tehsil Ratangarh, District Churu.

5. Kishan Singh S/o Khivsingh, B/c Rajput, R/o Village Bhinchari, Tehsil Ratangarh, District Churu.

6. Samandra Singh S/o Nathu Singh, B/c Rajput, R/o Village Bhinchari, Tehsil Ratangarh, District Churu.

7. Parmeshwarlal S/o Nandram, B/c Jat, R/o Village Bhinchari, Tehsil Ratangarh, District Churu.

8. Harphool Singh S/o Lakha Ram, B/c Jat, R/o Village Bhinchari, Tehsil Ratangarh, District Churu.

                                                                   ----Respondents


For Appellant(s)          :     Mr. K.R. Saharan
For Respondent(s)         :     ---

HON'BLE THE CHIEF JUSTICE MR. INDRAJIT MAHANTY HON'BLE MR. JUSTICE VINIT KUMAR MATHUR

Judgment

05/08/2021

Heard learned counsel for the appellant.

Learned counsel for the appellant has reiterated the

submissions made before the learned Single Judge and has

(2 of 2) [SAW-253/2020]

submitted that since the Patta issued in favour of the appellant

was registered, the provisions of Section 61 of the Rajasthan

Panchayati Raj Act, 1994 read with Rule 166 of the Rajasthan

Panchayati Raj Rules, 1996 are not applicable in the instant case.

We have considered the submissions of the learned counsel

for the appellant made at the Bar and we are of the view that the

findings arrived at by the learned Single Judge are absolutely in

conformity with the law laid down by the Division Bench of this

Court in Jhumar Ram vs. Additional District Collector

(Second), Jodhpur & Ors. [D.B. Special Appeal (Writ)

No.656/2017, decided on 15.12.2017] and Manohar Lal vs.

District Collector, Barmer & Ors. [2015(2) RRT 967]. Even

otherwise, it is an admitted fact which has been brought on record

that the Patta issued in favour of the appellant was not in

conformity with the provisions of law on the subject, as no auction

proceedings have taken place before grant of the Patta in favour

of the appellant. Thus, the Patta issued in favour of the appellant

is in violation of Rules 150 to 152 of the Rajasthan Panchayti Raj

Rules, 1996. There are concurrent findings of fact recorded by the

three courts below and we find no ground to interfere with the

same in the appeal at this stage.

The appeal is, therefore, bereft of merit and the same is

dismissed accordingly.

(VINIT KUMAR MATHUR),J (INDRAJIT MAHANTY),CJ

3-MohitTak/-

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