BHAGIRATH RAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This writ petition has been filed by the petitioner aggrieved against order dated 15.12.2015 passed by the Panchayat Samiti, Ratangarh and order dated 4.12.2019 passed by District Collector, Churu, whereby, the appeal filed against the allotment of land/issuance of Patta dated 5.8.2014 has been allowed by the Panchayat Samiti and the revision petition filed by the petitioner has been rejected by the District Collector, respectively.

(2.) The petitioner was issued a Patta by the Gram Panchayat on 5.8.2014 and the same was got registered on 24.12.2014. Whereafter, the complainant Kishan Singh filed an appeal before the Panchayat Samiti against the Patta issued to the petitioner.

(3.) The Panchayat Samiti after hearing the parties by its order dated 26.7.2016 (Annexure-6) came to the conclusion that issuance of Patta involves violation of provisions of Panchayati Raj Rules, 1996 ('Rules of 1996'), wherein, the land in question, which was Abadi in nature, could only be transferred/sold by way of open auction and consequently set aside the Patta issued to the petitioner.