Pritam Singh Vs. State of Rajasthan

Pritam Singh vs State of Rajasthan

Disposition Petition allowed Court Rajasthan Decided Sep 05, 1986

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Citation: sooperkanoon.com/769996
Court: Rajasthan High Court
Judge: Sobhag Mal Jain, J.
Decided On: Sep 05, 1986
Case Number: S.B. Civil Writ Petition No. 2328 of 1983
Subject: Property
Disposition: Petition allowed

Case Summary

AI-generated summary - not the official court judgment text.

Rajasthan Panchayat Act, 1953 - Sale--Cancellation of--Petitioner purchased plot and in occupation for JO years--Patta in name of petitioner--Collector cancelling Patta without notice to petitioner--Held, it is in violation of principles of natural justice.;Since then the petitioner has been in actual physical posse...

Key legal issue: Property
Outcome / disposition: Petition allowed

Parties & Advocates

Appellant / Petitioner

Pritam Singh

Respondent

State of Rajasthan

Legal References

Reported In: 1986WLN(UC)645

Excerpt

rajasthan panchayat act, 1953 - sale--cancellation of--petitioner purchased plot and in occupation for jo years--patta in name of petitioner--collector cancelling patta without notice to petitioner--held, it is in violation of principles of natural justice.;since then the petitioner has been in actual physical possession of the plot. after about 10 years, the collector cancelled the said patta by the order dated 5th october, 198.1. the case of the petitioner is that this was done illegally without any notice to the petitioner.;obviously principles of natural justice have been violated and the order of the collector dated 5th october, 1981 deserves to be quashed.;writ allowed - .....by the gram panchayat in favour of the petitioner. since then the petiliorer has been in actual physical possession of the plot after about 10 years, the collector cancelled the said patta by the order dated 5th october, 1981. the case of the petitioner is that this was done illegally without any notice to the petitioner. he was not given any opportunity to show cause against the intended action. in para 8 of the writ petition the petitioner has specifically mentioned '...there is nothing on the record by which it can be said that any notice was issued to the petitioner or was served on the petitioner before passing the order dated 5-10-1981.'2. despite notice to the respondents no return has been filed in this court. it is thus apparent that before passing the order dated 5th october, 1981 no notice was given to the petitioner of the intended action to suspend the sale made in his favour by the panchayat. obviously, principles of natural justice have been violated and the order of the collector dated october, 1981 deserves to be quashed. it in surprising that no action was taken by the sub-divisional officer when the proceedings of auction were transmitted to him by the panchayat in 1971 and the collector chose to cancel the patta of the allottees in 1981 and that too without affording an opportunity to show cause to the petitioner.3. accordingly, the writ petition is allowed and the order of the collector dated 5th october, 1981 is set aside, without any order as to costs.

Full Judgment

Sobhag Mal Jain, J.

1. In this writ petition the petitioner challenges the order of the Collector, Sri Ganganagar dated the 5th October, 1981 cancelling the patta executed in favour of the petitions by the Gram Panchayat Rattewala in 1971. Petitioner's case in brief was that the petitioner purchased the land in respect of plot No. 41 measuring 60'x 85' situated in chak 11B. in auction sale. His bid was highest which was accepted by the Gram Panchayat and the petitioner deposited the sale-price within the prescribed time. The copies of the proceedings were duly sent to the Sub-Divisional Officer concerned and the sale was confirmed by the Gram Panchayat in favour of the petitioner. Since then the petiliorer has been in actual physical possession of the plot After about 10 years, the Collector cancelled the said patta by the order dated 5th October, 1981. The case of the petitioner is that this was done illegally without any notice to the petitioner. He was not given any opportunity to show cause against the intended action. In para 8 of the writ petition the petitioner has specifically mentioned '...there is nothing on the record by which it can be said that any notice was issued to the petitioner or was served on the petitioner before passing the order dated 5-10-1981.'

2. Despite notice to the respondents no return has been filed in this Court. It is thus apparent that before passing the order dated 5th October, 1981 no notice was given to the petitioner of the intended action to suspend the sale made in his favour by the Panchayat. Obviously, principles of natural justice have been violated and the order of the Collector dated October, 1981 deserves to be quashed. It in surprising that no action was taken by the Sub-Divisional Officer when the proceedings of auction were transmitted to him by the Panchayat in 1971 and the Collector chose to cancel the patta of the allottees in 1981 and that too without affording an opportunity to show cause to the petitioner.

3. Accordingly, the writ petition is allowed and the order of the Collector dated 5th October, 1981 is set aside, without any order as to costs.

Same Court & Year Rajasthan · 1986 Same Parties Pritam Singh vs State of Rajasthan Same Subject Property Same Judge Sobhag Mal Jain, J.

Property