Rajasthan High Court - Jodhpur
Aziz Khan vs The Director And Joint Secretary on 20 July, 2021
Bench: Vijay Bishnoi
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 5883/2021
1. Aziz Khan S/o Late Bashir Khan, Aged About 50 Years,
Resident Of Ward No. 18, Purana Bas, Rajgarh, District
Churu.
2. Taj Mohammed S/o Late Bashir Khan, Aged About 60
Years, Resident Of Ward No. 18, Purana Bas, Rajgarh,
District Churu.
3. Mumtaz Khan S/o Late Bashir Khan, Aged About 45
Years, Resident Of Ward No. 18, Purana Bas, Rajgarh,
District Churu.
4. Ramzan Khan S/o Late Shri Bashir Khan, Aged About 70
Years, Resident Of Ward No. 18, Purana Bas, Rajgarh,
District Churu.
5. Gatu D/o Late Bashir Khan, Aged About 58 Years,
Resident Of Ward No. 18, Purana Bas, Rajgarh, District
Churu.
6. Dhapa D/o Late Bashir Khan, Aged About 55 Years,
Resident Of Ward No. 18, Purana Bas, Rajgarh, District
Churu.
7. Ruksana D/o Late Bashir Khan, Aged About 42 Years,
Resident Of Ward No. 18, Purana Bas, Rajgarh, District
Churu.
8. Bandi D/o Late Bashir Khan, Aged About 52 Years,
Resident Of Ward No. 18, Purana Bas, Rajgarh, District
Churu.
9. Anwar S/o Late Jamila D/o Late Bashir Khan, Aged About
40 Years, Resident Of Ward No. 18, Purana Bas, Rajgarh,
District Churu.
10. Kalu S/o Late Jamila D/o Late Bashir Khan, Aged About
38 Years, Resident Of Ward No. 18, Purana Bas, Rajgarh,
District Churu.
11. Imran S/o Late Jamila D/o Late Bashir Khan, Aged About
31 Years, Resident Of Ward No. 18, Purana Bas, Rajgarh,
District Churu.
----Petitioners
Versus
1. The Director And Joint Secretary, Department Of Local
(2 of 3) [CW-5883/2021]
Bodies, Rajasthan, Jaipur.
2. Municipal Board, Rajgarh, District Churu Through
Chairman, Municipal Board, Rajgarh District Churu.
3. Executive Officer, Municipal Board, Rajgarh District Churu.
4. Chandratan S/o Shri Shiv Prasad Kaushik, Resident Of
Ward No. 18, Purana Bas, Rajgarh, District Churu.
----Respondents
For Petitioner(s) : Mr. A.S. Rathore
HON'BLE MR. JUSTICE VIJAY BISHNOI
Order
20/07/2021
This writ petition has been filed by the petitioners being
aggrieved with the order dated 25.02.2019 passed by the Director,
Local Bodies Rajasthan, Jaipur whereby, the revision petition
preferred by the petitioners under Section 327 of the Rajasthan
Municipalities Act, 2009 challenging the validity of the patta dated
08.11.2002 issued in favour of respondent- Chand Ratan by the
Municipality Board, Rajgarh, has been dismissed.
The Director, Local Bodies has dismissed the revision petition
filed by the petitioners while observing that there is a delay of
around 16 years in challenging the patta issued in favour of the
respondent- Chand Ratan though from the averments made by the
petitioners themselves in the revision petition, they were having
knowledge of issuance of patta in favour of respondent- Chand
Ratan since year 2006.
Learned counsel for the petitioners has argued that the
Director, Local Bodies has dismissed the revision petition filed by
the petitioners illegally solely on the ground of delay and,
therefore, the impugned order is liable to be set aside.
(3 of 3) [CW-5883/2021]
Having heard learned counsel for the petitioners and after
going through the material available on record, I do not find any
merit in this writ petition as the Director, Local Bodies has rightly
observed that the petitioners were aware about the issuance of
patta in favour of the respondent- Chand Ratan since year 2006
but they have preferred the revision petition after a long delay,
which has not been explained.
Otherwise also, the petitioners have challenged the validity
of the patta by way of filing a civil suit before the Additional
District and Sessions Judge, Rajgarh, District Churu in the year
2007, however, the said civil suit filed by the petitioners was
dismissed vide judgment and decree dated 08.01.2018 wherein,
the civil court has already observed that the patta issued in favour
of the respondent- Chand Ratan is not null and void.
In view of the above discussion, I do not find any case for
interference in this writ petition and the same is hereby dismissed.
Stay petition also stands dismissed.
(VIJAY BISHNOI),J
23-akash/-
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