Full Judgment
17. 04.2013 HON'BLE MR. JUSTICE GOPAL KRISHAN VYAS Mr. Rakesh Arora, for the petitioner. Heard learned counsel for the petitioner. In all above writ petitions, petitioner is challenging validity of impugnd order dated 14.05.2012 (Annex.5) passed by Additional Collector, Jalore whereby, the Additional Collector while exercising power under Section 97 of Rajasthan Panchayati Raj Act, 1994 [hereinafter referred to as 'Act of 1994] read with Rule 167 of Rajasthan Panchayati Raj Rules, 1996 [hereinafter referred to as 'Rules of 1996] cancelled the patta. Brief facts of the case are that in pursuance of a resolution passed by Gram Panchayat Ajeet pura, Panchayat Samiti Jalore dated 05.03.2008, a patta was issued in favour of petitioner for the plot which is alleged to be in possession of petitioner and his ancestors for last about fifty years. The counsel for the petitioner submit that an application was moved by the petitioner for issuing patta on the basis of old possession as per Section 157 of the Rajasthan Panchayati Raj Act and Gram Panchayat, Ajeet pura after making completion of the procedure, issued patta in favour of petitioner for the land in question on 05.03.2008. 2 Learned counsel for the petitioner submits that patta was issued in favour of petitioner in accordance with provisions of the Act of 1994 and Rules of 1996 by the Gram Panchayat Ajeetpura, Tehsil Ahor, District Jalore but upon revison petition filed by respondent no.4 under Section 97 of the Act of 1994, the Additional District Collector without considering the fact that patta was issued in pursuance of resolution passed by Gram panchayat, cancelled the patta which is totally arbitrary and illegal. As per submission of the petitioner, patta was issued in his favour because petitioner was in possession of the land in question from last near about 50 years and as per provisions of the Act and Rules, they are entitled to get patta upon reserved price, therefore, the revision petition filed by the respondent no.4 was liable to be rejected by the Additional Collector, Jalore but Additional District Collector, Jalore illegally allowed the revision petition while ignoring the fact of long possession and set aside the patta issued in favour of petitioner therefore, the order impugned is illegal. Learned counsel for the petitioner vehemently argued that proceedings undertaken under Section 97 of the Act by the respondent no.4 is outcome of a civil dispute arise in between the petitioner and respondent no.4, therefore, the order impugned may be quashed and patta issued by Gram panchayat may be restored. After hearing learned counsel for the petitioner, I have perused all the documents annexed with the writ petition and the order impugned. In the impugned order date”
14. 05.2012 passed by the Additional Collector, Jalore observed that patta has been given without even maintaining file or proceedings by the Gram panchayat Ajeetpura in favour of petitioner under Section 157 of the Act which is totally in contravention of the basic principle of law. Further it is observed by the revisional authority that for the purpose of regularization of old possession, no procedure is adopted by the Gram panchayat Ajeetpura, therefore, it cannot be said that patta issued in favour of petitioner is in accordance with law. After peruseding the order impugned, I have perused all the documents, more specifically an application filed by the petitioner for regularization and affidavit annexed with the application. It is very strange that no detail of correct situation of the plot in question is mentioned upon which petitioner is claiming possession so also upon how much land he is in possession of is also not disclosed in the application or in the affidavit filed in support of the application. Further it also come out from the fact that resolution was passed by Gram panchayat, Ajeetpura on 05.03.2008 and on the same date, patta in question was issued by the Gram panchayat, Ajeetpura which is evident from perusal of copy of the patta placed on record, meaning thereby resolution was passed on 05.03.2008 for regularization of land in question and on the same day, without following any procedure of law or inspection of site, the patta was issued by Gram Panchayat, Ajeet pura, therefore, it is obvious from the documentary evidence placed on record that the finding given by Additional Collector, Jalore in impugned 4 order dated 14.05.2012 is not perverse, rather it is a case in which the said Court has rightly recorded its finding that patta in question has been issued by the Sarpanch without following the procedure laid down in the Act and rules, therefore, no sustainable in law. In view of above, I see no reason to interfere in the order impugned dated 14.05.2012 in all the above writ petitions. Therefore, all the writ petitions are hereby dismissed with further direction to the District Collector, Jalore to examine all the pattas issued on 05.03.2008 by the Gram Panchayat, Ajeetpura in pursuance of resolution of Gram panchayat dated 05.03.2008 because it is out of imagination that the day on which resolution is passed, patta can be issued on the same day by the Gram panchayat without following the procedure of law. A copy of this order be sent to District Collector, Jalore for compliance. (GOPAL KRISHAN VYAS), J.
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