Lrs. Of Late Smt. Madina Banu vs District Collector ...
2025 Latest Caselaw 13969 Raj

Citation : 2025 Latest Caselaw 13969 Raj
Judgement Date : 8 October, 2025

Rajasthan High Court - Jodhpur

Lrs. Of Late Smt. Madina Banu vs District Collector ... on 8 October, 2025

[2025:RJ-JD:44099]

      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                       JODHPUR
                 S.B. Civil Writ Petition No. 19825/2025

         Lrs. Of Late Smt. Madina Banu, W/o Sadeek Mohammad
         Neelgar,      R/o    Gram        Panchayat         Bhagwanpura,        Tehsil
         Mandal-
1.       Sadeek Mohammad Neelgar S/o Mohammad Hussain
         Neelgar, Aged About 48 Years, R/o Gram Panchayat
         Bhagwanpura, Tehsil Mandal, District Bhilwara.
2.       Farookh Mohammad S/o Sadeek Mohammad Neelgar,
         Aged About 24 Years, R/o Gram Panchayat Bhagwanpura,
         Tehsil Mandal, District Bhilwara.
3.       Mohammad Raees S/o Sadeek Mohammad Neelgar, Aged
         About 22 Years, R/o Gram Panchayat Bhagwanpura, Tehsil
         Mandal, District Bhilwara. (Name Of Petitioner No.3
         Wrongly Mentioned As Aasif Mohammad In Cause Title Of
         Impugned Judgment)
4.       Rubina Banu D/o Sadeek Mohammad Neelgar, Aged About
         26 Years, R/o Gram Panchayat Bhagwanpura, Tehsil
         Mandal, District Bhilwara. (Name Of Petitioner No.4
         Wrongly Mentioned As Jayada In Cause Title Of Impugned
         Judgment).
                                                                       ----Petitioners
                                       Versus
1.       District Collector, Bhilwara.
2.       Gram         Panchayat         Bhagwanpura,                Through   Village
         Development Officer Kanhaiyalal Mali, Gram Panchayat
         Bhagwanpura, Tehsil Mandal, District Bhilwara.
3.       Vikas       Adhikari,     Panchayat          Samiti        Mandal,   District
         Bhilwara.
                                                                     ----Respondents


For Petitioner(s)            :     Mr. Rajesh Choudhary
For Respondent(s)            :     Mr. Madhav Vyas
                                   Ms. Vasundhara Gupta




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             HON'BLE MR. JUSTICE SUNIL BENIWAL

Order

08/10/2025

1. The registry has pointed out the defect with regard to

petitioner Nos.3 and 4.

2. Learned counsel for the petitioners submits that respondent

Nos.3 and 4 are legal representatives of Mr. Asif Mohammad who

was respondent No.3 in the revision petition. Similarly,

Ms. Jaiyeda daughter of Saddeek Mohammad was respondent

No.4 in the revision petition. Since the original respondent Nos.3

and 4 in the revision petition have expired and it is for this reason

that the cause title of the present writ petition is not matching

with the impugned order.

3. Learned counsel for the petitioners further submits that

necessary application for substitution of the parties would be

made before the Revisional Court. In the given circumstances,

counsel for the petitioners submits that the objection raised by the

registry be waived.

4. Learned counsel for the respondents has no objection to the

above submission.

5. In view of the submissions made above, the defect as

pointed out by the registry is waived.

6. Heard.

7. The present writ petition has been filed with the following

prayer:-

"i). the present writ petition may kindly be allowed and the impugned Judgment dated 24/06/2025 (Annex.P/3) passed by the Learned District Collector Bhilwara in Revision Petition no.27/2022 Gram Panchayat Bhagwanpura Vs. Legal Representatives of Madina Banu & Anr. may

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kindly be quashed and set aside as if never passed;

ii). that the Patta (Annex.P/1) issued in favour of the petitioner may kindly be restored and be maintained;

iii). any other relief, order or direction which this Hon'ble Court deems just and proper in the facts and circumstances of the case may kindly be passed in favour of the petitioner;

iv). the cost of the writ petition may kindly be awarded to the petitioner."

8. Learned counsel for the petitioners submits that the

controversy raised in the present writ petition is identical to the

controversy raised in earlier writ petition being S.B. Civil Writ

Petition No.18614/2025 (Ratanlal Vs. The State of

Rajasthan and Ors.) which has been disposed of by this Court

on 06.10.2025. He further submits that the present petition may

also be decided in the same terms as in the said writ petition.

9. In the case of Ratanlal (supra), this Court referred to the

order passed in the case of Kailash Chandra Mali Vs. District

Collector, Bhilwara; S.B. Civil Writ Petition No.17509/2025

(decided on 18.09.2025) wherein this Court has observed as

under:-

" 5. A bare reading of the impugned judgment dated 24.06.2025 including the operative part of the said judgment clearly shows that the revisional court has merely quoted the submissions made in the revision petition so also in the written submissions filed by the petitioner. However, no findings have been recorded as to how the provisions of the Act of 1994 were not followed in the present case. No factual discussion has been made nor any reasoning has been assigned with regard to the market value of the plot so also the other irregularities, which have been alleged in the revision petition.

6. In view of the above, this Court has no hesitation in holding that the impugned order lacks proper consideration of facts so also lacks rational reasoning. Accordingly, on this ground alone, writ petition

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deserves acceptance and therefore, the same is allowed. The impugned judgment is hereby quashed and set aside.

7. The matter is remanded to the District Collector, Bhilwara to decide the revision petition afresh strictly in accordance with law after affording opportunity to all the parties.