Hari Charan Lal S/O Late Gulab ... vs State Of Rajasthan
2022 Latest Caselaw 532 Raj/2

       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                   BENCH AT JAIPUR

               S.B. Civil Second Appeal No. 226/2020
Hari Charan Lal S/o Late Gulab Chand and Ors.
                                                                    ----Appellants
                                     Versus
State Of Rajasthan and Ors.
                                                                  ----Respondents

For Appellant(s) : Mr. Alok Chaturvedi, Advocate

HON'BLE MR. JUSTICE PRAKASH GUPTA Order

20/01/2022

Heard learned counsel for the appellants.

The matter requires consideration, hence the appeal is

admitted on the following substantial questions of law:-

"1. Whether the Gram Panchayat, Bapauti District Karauli is competent to issue patta dated 16.12.1999 for the land, which is recorded as a "Gairmumkin Rasta" in the revenue record?

2. Whether the Appellate Court's judgment is perverse and based on misreading of the material evidence on record ?"

3. What is the effect of the order dated 28.2.2020 passed by Addl. Collector, Karauli in this matter, which has been taken on record as additional evidence by the Coordinate Bench of this Court vide order dated 13.8.2021 and by which patta dated 16.12.1999 was cancelled ?

Issue notice to the respondents, returnable by

25.02.2022

In the meantime, respondent Nos.5 and 6 are

restrained to raise any construction over the rasta in question and

maintain status quo, as it exists today, with regard to the

'Gairmumkin Rasta' in Khasra No.517.

(2 of 2) [CSA-226/2020]

Record of both the courts below be also called for.

(PRAKASH GUPTA),J

KuD/3

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