Rajasthan High Court - Jodhpur
Ratan Singh And Anr vs State And Ors on 22 February, 2022
Bench: Pushpendra Singh Bhati
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 4571/1999
Ratan Singh And Anr.
----Petitioner
Versus
The State of Rajasthan & Ors.
----Respondent
For Petitioner(s) : Mr. Vinit Dave
For Respondent(s) : Mr. Nitin Trivedi
HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI
Order
22/02/2022
1. In the wake of instant surge in COVID - 19 cases and spread
of its highly infectious Omicron variant, abundant caution is being
maintained, while hearing the matters in the Court, for the safety
of all concerned.
2. This writ petition has been preferred claiming the following
reliefs:
"i. the writ petition of the petitioner may kindly be
accepted.
ii. the order passed by the Addl. Collector, Nohar
dated 28/10/99 may be set-aside & quashed and the
order passed by the Panchayat Samiti dated 1/07/98
may be restored."
3. As the pleaded facts would reveal, the petitioners, who were
in possession of the disputed land, were issued a patta therefor by
the concerned gram panchayat on 21.11.1996. However, the
petitioners have alleged that prior to issuance of the said patta in
the petitioners' favour, the respondent No.5 Jaswant and
(Downloaded on 25/02/2022 at 08:28:40 PM)
(2 of 3) [CW-4571/1999]
respondent No.6 Beerbal, being hand in glove with the then
Sarpanch of the gram panchayat concerned, got a false patta of
the same abadi land in question prepared and issued in their
favour on 09.12.1987. As per the avements made in the petition,
the patta dated 09.12.1987 was never issued by the gram
panchayat, as there is no such record available with the concerned
panchayat office.
4. The petitioners thereafter, filed an appeal before the
Panchayat Samiti, Bhadra, District Hanumangarh, while claiming
their lawful possession over the land in question, which was
decided in favour of the petitioners and against the respondents
No.5 and 6, vide judgment dated 01.07.1998, for the reasons as
recorded therein.
5. Against the aforementioned judgment dated 01.07.1998,
respondents No.5 & 6 preferred a revision before the Additional
District Collector, Noha, which was allowed vide judgment dated
28.10.1999, while quashing and setting aside the judgment dated
01.07.1998 passed by the Panchayat Samiti. Thus, being
aggrieved by the said judgment dated 28.10.1999 passed by the
Additional District Collector, the present petition has been
preferred before this Hon'ble Court.
6. Learned counsel for the petitioner submits that the
Panchayat Samiti originally allotted the patta for the land in
question to the petitioners, and thus, the same was correctly
upheld by the Panchayat Samiti, while cancelling the alleged
forged patta of the respondents No.5 and 6.
7. Learned counsel for the respondent however, submits that
the patta held by the respondents was valid, and thus, such claim
of theirs was rightly upheld by the learned Additional District
(Downloaded on 25/02/2022 at 08:28:40 PM)
(3 of 3) [CW-4571/1999]
Collector, while allowing the revision filed by the respondents;
whereby the order passed by the Panchayat Samiti passed in
favour of the petitioner was quashed.
7. Heard learned counsel for the parties as well as perused the
record of the case.
8. This Court takes note of the fact that the concerned
Panchayat Samiti had passed the order of regularisation of the
patta of the land in question, without stating any reasoning for the
same. The learned Additional District Collector rightly held that the
patta in question could not be issued, and that there was no
application of mind by the concerned Panchayat Samiti in passing
the order dated 01.07.1998, and therefore rightly quashed and set
aside the said order vide its judgment dated 28.10.1999.
9. Thus, in light of the aforesaid observations, this Court does
not find it a fit case warranting any interference under the writ
jurisdiction by this Court.
10. Consequently, the present petition is dismissed. All pending
applications stand disposed of.
(DR.PUSHPENDRA SINGH BHATI),J.
6-SKant/-
Powered by TCPDF (www.tcpdf.org)
