[Cites 2, Cited by 0]
Rajasthan High Court - Jodhpur
Peka Ram vs Addl. Dist. Collector, Sirohi And Ors ... on 4 December, 2025
Author: Ganesh Ram Meena
Bench: Ganesh Ram Meena
[2025:RJ-JD:52490]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 6939/2014
Peka Ram S/o Samrthaji, R/o Barlut, Tehsil & District Sirohi.
----Petitioner
Versus
1. Additional District Collector, Sirohi.
2. Vikas Adhikari, Panchayat Samiti, Sirohi.
3. Sarpanch, Gram Panchayat, Barlut.
----Respondents
For Petitioner(s) : Mr. Kamlesh Kumar Rawal
For Respondent(s) : Mr. Nilesh Choudhary for
Mr. Kuldeep Vaishnav
HON'BLE MR. JUSTICE GANESH RAM MEENA
Order
04/12/2025
1. This present petition has been filed by the petitioner with a
challenge to order dated 30.04.2014 passed by the Court of
Additional District Collector, Sirohi in Revision Petition filed under
Section 19 of the Rajasthan Panchayati Raj Act, 1994 titled as
Block Development Officer, Panchayat Samiti, Sirohi Vs. Sarpanch
Gram Panchayat, Barlut & Anr.
2. By the order dated 30.04.2014, the Court below allowed the
revision filed by the Block Development Officer and cancelled the
Patta issued by the Gram Panchayat in favour of the present
petitioner of a residential Plot No.8 Misal No.4/2011-12 dated
05.05.2011.
3. Learned counsel for the petitioner submits that the petitioner
is a poor person of Scheduled Caste Category and there are 20
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members in his family. He further submits that on an application
submitted by the petitioner for allotment of a Patta for residential
plot, the Gram Panchayat vide resolution dated 05.05.2011
proceeded to consider the applications of the applicants including
the petitioner for allotment of the residential Patta.
4. The Gram Panchayat as required under the provisions of law,
constituted the committee of the ward members for making an
enquiry as regards the entitlement of the applicants for allotment
and so also the present status of the land for which the allotment
has been sought by the applicants.
5. The committee submitted the enquiry report along with the
recommendations for entitlement of the petitioner applicant for
allotment of the residential plot. The Gram Panchayat vide
resolution dated 25.07.2011 (Annexure-3) has also made a
recommendation for allotment of the plot.
6. He further submits that the plot was allotted on 25.07.2011.
However, because of some dispute of the Sarpanch of concerned
Gram Panchayat with the Block Development Officer of the
Panchayat Samiti the Block Development Officer filed a revision
petition before the Court of Additional District Collector, Sirohi
under Section 97 of the Rajasthan Panchayati Raj Act, 1994 and
the learned Additional District Collector without taking into
consideration the fact that the Patta has been allotted to the
petitioner after following due process given under law, by the
Gram Panchayat having the competency to make allotment of the
Abadi land, cancelled the Patta vide the impugned order. He
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submits that the order of the Court below is wholly illegal and
perverse.
7. Learned counsel appearing for the respondents submits that
the order passed by the learned Additional District Collector is just
and proper in the facts and circumstances of the case for the
reason that the allotment has been made in violation of Rule 158
of the Rajasthan Panchayati Raj Rules 1996 as no amount was
charged from the allottees, whereas, the allottee being a
Scheduled Caste Category member can only be allotted
residential plot on a concessional rate and not free. He also
submits that there is no site inspection report on record which is
required under the provisions of the Rules of 1996. He also
submits that since the petitioner was already having a residential
house, he was not entitled for allotment of land on concessional
rate. Learned State counsel further submits that the plot in
question was also put to auction and the petitioner has not placed
on record the facts regarding whether the plot in question was
auctioned to any other person and who is in possession at
present.
8. Considered the submissions made at bar and also perused
the material made available on record.
9. As per the facts on record, the petitioner submitted an
application for allotment of a residential plot being the member of
the Scheduled Caste Category and having shortage of the
residential accomodation as there are 20 members in his family.
The Gram Panchayat vide its resolution dated 05.05.2011 resolved
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to consider the applications of all the applicants including the
petitioner for allotment of the residential plot. The Gram
Panchayat thereafter constituted a committee of the ward
members so as to make an enquiry as regards the status of the
land in question and so also the entitlement of the applicants for
allotment.
10. The Gram Panchayat thereafter on receiving the
recommendations of the committee constituted of the ward
members took a decision to make allotment of the residential plots
to the applicants including the petitioner in its meeting dated
25.07.2011. In view of the resolution of the Gram Panchayat
which is the Competent Authority to make allotment of the Abadi
land in its jurisdiction, allotted plot No.08 (file No.04/2011-12
dated 05.05.2011) to the petitioner. The learend court below has
set aside the allotment observing that the Gram Panchayat has
not passed any resolution so as to make allotment of the plot to
the applicant on concessional rate.
11. It is not in dispute that the petitioner belongs to Scheduled
Caste Category and comes under the purview of the weaker
section as mentioned in Rule 158 of the Rajasthan Panchayati Raj
Rules, 1996.
12. As per Rule 158, residential plot can be allotted to the
members of the weaker section. Resolution has also been passed
by the Gram Panchayat (Annexure-3) on 25.07.2011 so as to
issue residential plot to the petitioner along with other applicants.
It cannot be said that there was no resolution to make an
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allotment to the petitioner. Since the petitioner is a member of the
weaker section is entitled for the allotment on concessional rate or
even at free of cost.
13. The petitioner has also placed on record a circular dated
21.04.2007 issued by the Gramin Vikas and Panchayati Raj
Department, Government of Rajasthan, whereby, the Government
has decided to issue the residential plots to the members of the
weaker section free of cost. In view of the aforesaid circular, the
finding of the learned court below that there is no resolution of the
Gram Panchayat for allotting the plots to the petitioner on
concessional rate does not seem to be proper, hence, the plot can
be allotted to the petitioner being a member of the weaker section
even without charging any cost.
14. Learned counsel for the respondent has also raised an issue
that the petitoner was already having a residential plot and,
therefore, he is not entitled for another residential plot on
concessional rate. It is not in dispute that the petitioner belongs to
a weaker section being a member of the Scheduled Caste
Category and is having 20 members in his family. In such a
situation when a person is having 20 members in his family he
requires additional residential accomodation and in that situation it
cannot be said that since the petitioner is already having a
residential accomodation he is not entitled for another residential
accomodation to be allotted by the Gram Panchayat. There is
nothing on record placed by the respondent revision petitioner
that the petitioner is already having a residential accomodation.
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15. Learned counsel for the respondents has also raised an issue
that there was no site inspection report available on record.
Though, there is a report of the committee constituted by the
Gram Panchayat as regards the status of the land in question and
entitlement of the petitioner, if no site inspection report is
available on record that cannot be said to be a fault on the part of
the petitioner and he cannot be deprived from the allotment or
and his allotment cannot be cancelled merely on that ground. On
going through the material placed on record i.e. the resolutions of
the Gram Panchayat and the report of committee as regards the
entitlement of the petitioner for allotment, the finding of the court
below that there is no compliance of the provisions of Rules 145 to
148 of the Rajasthan Panchayati Raj Rules is perverse.
16. In view of the discussion made above, in opinion of this
Court the writ petition deserves to be allowed as the order of the
court below is perverse and contrary to the facts on record.
17. Accordingly, the present writ petition is allowed. The
judgment dated 30.04.2014 passed by the Additional District
Collector, Sirohi in Revision No.25/2012 is quashed and set aside.
The allotment of the residential plot made in favour of the
petitioner vide resolution dated 25.07.2011 by the Gram
Panchayat is upheld.
18. In case, in view of the fact that the auction notices were
issued for auctioning the land in question as there was no interim
order of this Court, if any, auction has been made and the land in
question has been given to some other persons, the respondents
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shall in that case allot an alternative plot of same measurement to
petitioner within a period of two months from the date of
submitting the certified copy of this order.
(GANESH RAM MEENA),J
152-Suraj/-
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