PRAGCHAND Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Heard the learned and the Respondent No. 2 present in person. No one else has appeared for the State; Government or the Gram Panchayat despite service.

(2.) This writ petition is filed against the order passed by the Additional Collector, Sirohi on 3.11.2008 allowing the revision petition filed by the applicant Kapoor Rai, Respondent No. 2 herein, namely, Revision Petition No. 7/2008 by which the applicant before the learned Additional Collector had sought cancellation of Patta No. 31 dtd. 26.8.1985 issued in favour of Prag Chand, present Petitioner and also Patta No. 56 dtd. 3.11.1981 in favour of Dhok Singh S/o Bhom Singh, which had was also purchased by registered sale-deed by the present Petitioner Prag Chand soon thereafter on 8.3.1982.

(3.) The Assistant Collector, while exercising the powers under Section 97 of the Rajasthan Panchayati Raj Act, 1994 (hereinafter referred to as the Act of 1994) allowed the said revision petition and cancelled the impugned Patta No. 31 dtd. 26.8.1985 and Patta No. 56 dtd. 3.11.1981 and held that the said Patta could not be issued by the Gram Panchayat, Kalindri, Tehsil and Distt. Sirohi, as the land in question stood already sold to the applicant Kapoor Raj way back on 18.12.1949 measuring 50x60 ft. = 3000 sq. ft. and therefore, the land inquestion was not available to be sold by the said Gram Panchayat to the present Petitioner Prag Chand or one Dhok Singh S/o Bhom Singh which land was also purchased by the present Petitioner Prag Chand by registered sale-deed on 8.3.1982 soon after the allotment/sale in favour of Dhok Singh by the Gram Panchayat by Patta No. 56 dtd. 3.11.1981.