Devi Chand vs State Dist. Collector Barmer And ...
2022 Latest Caselaw 931 Raj

                                         (1 of 2)                 [CW-4040/2011]


     HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                      JODHPUR
              S.B. Civil Writ Petition No. 4040/2011

Devi Chand
                                                                  ----Petitioner
                                   Versus
State Dist. Collector Barmer And Ors
                                                                ----Respondent


For Petitioner(s)        :     Mr. Parshant Tatia on VC
For Respondent(s)        :



     HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI

                                    Order

19/01/2022

     In wake of instant surge in COVID-19 cases and spread of its

highly infectious Omicron variant, lawyers have been advised to

refrain from coming to the Courts.

     The writ petition has been preferred claiming the following

relief:-
      "(i) by an appropriate writ, order or direction, the
    judgment dated 9.11.2010 (Annexure-20) passed by
    the learned District Collector, Barmer, the respondent
    no.1 may kindly be quashed and set aside and the
    revision petition filed by the revisionist-petitioner may
    kindly be allowed and accepted and consequence
    thereof, the patta in respect of t6he land in question
    issued in favour of the respondent no.2 may kindly be
    cancelled and the patta in respect of the land in
    question may kindly be issued in favour of the petitioner
    in accordance with the law. "

     Learned counsel for the petitioner submits that the petitioner

was having the ownership and possession over the residential plot


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                                                                             (2 of 2)               [CW-4040/2011]



                                   situated at Mohalla Bhutaka Nagari in residential land of Chosira of

                                   Village Sindhari.

                                         Learned counsel for the petitioner further submits that the

                                   petitioner's application for issuance of patta was pending before

                                   the respondents and while the same was being considered, a patta

                                   of the private-respondents was considered. It is also contended

                                   that the due procedure was not adopted for the patta in question,

                                   which has now been granted to the private-respondents.

                                         Learned counsel for the petitioner has further shown the

                                   deposition of requisite fee and the site map as well as other

                                   documents, which indicate the possession and claim of the

                                   petitioner over the said plot in question.

                                         This Court, after hearing the learned counsel for the

                                   petitioner and perusing the record of the case as well as impugned

                                   order, finds that the revision under Section 157-B, as preferred by

                                   the petitioner, has rightly been dismissed as the learned authority

                                   has held that it was upon the petitioner to have proved the

                                   illegality of the patta in-question whereas the same was a

                                   registered documents, and as per the examination of the record

                                   was granted after due consideration in accordance with law.

                                         In view of the above, this Court does not find any reason for

                                   interference in the petition.

                                         Hence, the writ petition is dismissed. All pending applications

                                   also stand dismissed accordingly.



                                                                 (DR.PUSHPENDRA SINGH BHATI),J.

24-Sudheer/-

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