Mandir Shri Choth Mata Trust vs District Collector
2022 Latest Caselaw 190 Raj/2

       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                   BENCH AT JAIPUR

             D. B. Special Appeal (Writ) No. 756/2021

                                        In

                S. B. Civil Writ Petition No. 9037/2021

Mandir Shri Choth Mata Trust, Choth Ka Barwara, District Sawai
Madhopur, Registration No. 97/1997 Dated 30.06.1997 through
Mantri Shri Shridas Singh S/o Shri Kalyan Singh Rajawat, R/o
Sawai Madhopur (Rajasthan)
                                                                    ----Appellant
                                    Versus
1.      District Collector, Sawai Madhopur (Raj.)
2.      Gram Panchayat Choth Ka Barwara, through Secretary,
        Gram     Panchayat       Choth       Ka    Barwara,       District   Sawai
        Madhopur (Rajasthan)
3.      Gram Panchyat Choth Ka Barwara, through Sarpanch,
        Gram     Panchayat       Choth       Ka    Barwara,       District   Sawai
        Madhopur (Rajasthan).
                                                                 ----Respondents

For Appellant : Mr. R.P. Garg Advocate through Video Conferencing.

For Respondents : Mr. Syed Shahid Hasan Advocate through Video Conferencing.

HON'BLE MR. JUSTICE MANINDRA MOHAN SHRIVASTAVA HON'BLE MR. JUSTICE BIRENDRA KUMAR

Judgment

10/01/2022

This appeal is directed against order dated 25.08.2021

by which learned Single Judge has dismissed the writ petition filed

by the appellant-Trust.

The Gram Panchayat, Chot Ka Barwara resolved to

resume the land, which was given to the appellant-Trust for

development. Aggrieved by the said order, the appellant filed

(2 of 3) [SAW-756/2021]

revision petitioner, which was partly allowed by the District

Collector, Sawai Madhopur. While the resolution passed by the

Gram Panchayat was set aside, the matter was remanded.

Against the part of the order by which the District Collector

remanded the case for consideration afresh, writ petition was filed

by the appellant-Trust, which came to be dismissed by the

impugned order.

Learned counsel for the appellant would submit that the

District Collector, having set aside the order, ought not to have

remanded the case for re-consideration afresh because the Gram

Panchayat is prejudiced on the issue and the appellant is not likely

to get any order, except rejection of its claim. He would secondly

submit that the land, which was allotted to the Trust, has now

been developed and the basis on which it was proposed to resume

the land, ought not be permitted.

On the other land, learned counsel for the respondents

would submit that the matter was remanded to the Gram

Panchayat because the Gram Panchayat has the control and

authority over the land as vested in it under the law. Therefore, it

is the Gram Panchayat alone which can decide the matter.

He would further submit that all the grounds, which are

being urged before this Court, may always be raised before the

Gram Panchayat and the Gram Panchayat will duly consider and

decide the matter in accordance with law.

Having heard learned counsel for the parties, we are of

the view that this appeal is misconceived in law. The land

admittedly belongs to Gram Panchayat, which was allotted to the

appellant-Trust for development. The District Collector set aside

the resolution of the Gram Panchayat considering that the

(3 of 3) [SAW-756/2021]

appellant was not afforded an opportunity of hearing and,

therefore, the case was remanded for consideration afresh. Since

the land belongs to the Gram Panchayat only, the issue is required

to be decided by the Gram Panchayat alone. The grounds, which

are being raised before this Court, may be raised by the appellant

before the Gram Panchayat. We are of the considered view that

the order passed by the learned Single Judge or by the District

Collector requires no interference, particularly when the matter on

merits has been kept open and the appellant has been granted

opportunity of hearing by the Gram Panchayat.

In the result, the appeal is dismissed, however, with

liberty to the appellant to raise all grounds, which are raised in

this appeal and the writ petition for consideration of the Gram

Panchayat.

(BIRENDRA KUMAR),J (MANINDRA MOHAN SHRIVASTAVA),J

MANOJ NARWANI /60

Powered by TCPDF (www.tcpdf.org)