KHUSAL SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This writ petition has been filed by the petitioner aggrieved against the order dated 8/7/2019 (Annex.13), whereby, the preliminary objection pertaining to jurisdiction filed by the petitioner has been rejected and order dated 26/11/2019 (Annex.16), whereby, the revision petition filed by the respondent No.3 has been allowed and the Patta dated 20/9/2007 issued in favour of petitioner has been quashed.

(2.) The petitioner was issued a Patta dated 20/9/2007 by Gram Panchayat, Bawarli under Rule 157 of the Rajasthan Panchayati Raj Rules, 1996 ('the Rules, 1996'). The Patta pertained to land ad measuring 537.41 sq.yds. and was issued for Rs.200/-. The Patta in question was challenged by respondent no.3 by filing revision petition under Section 97 of the Panchayati Raj Act, 1994 ('the Act, 1994') before the Additional Collector, Jodhpur inter alia claiming that the land did not belong to Gram Panchayat and in fact two GLRs of Public Health and Engineering Department (PHED) are constructed on the land by which the villagers are being supplied drinking water. The issuance of Patta was also challenged on account of violation of provisions of Rule 157 of the Rules on account of there being no residential house and that the land much more than what was provided under the Rules was given away by way of Patta for a sum of Rs.200/- only.

(3.) The revision petition was opposed by the petitioner. An objection was raised that the Addl. Collector does not have the jurisdiction to decide the revision petition. The objection was rejected by the Addl. Collector by order dated 8/7/2019 inter alia relying on the notification dated 13/12/2004 issued by the State Government delegating the powers in this regard.