CHHAJU RAM Vs. REVENUE APPELLATE AUTHORITY

JUDGEMENT

(1.) APPLICATION for bringing the legal representatives of deceased petitioner Chhaju Ram stands allowed and Shri Gulab Chand son of Chhaju Ram and Smt. Gyarsi daughter of Chhaju Ram are substituted as petitioners. Amended cause title has already been filed. I have heard the rival submissions on merit and perused the material on record.

(2.) CONTEXTUAL facts depict that the Gram Panchayat Pacheri Kalan Tehsil Khetri Distt. Jhunjhunu (respondent No. 2) issued patta of land in dispute in favour of respondent No. 3 Net Ram on October 22, 1975. Thereafter on August 20, 1980 the petitioner Chhaju Ram made an application to respondent No. 2 with a request to issue patta of land in dispute to him. Sarpanch of respondent No. 2 issued general notice on August 25, 1980. Chhaju Ram on August 25, 1980 wrote to the Sarpanch that Net Ram forcibly filled the foundations of the land in question therefore action be taken against him. Sangram Singh, the Sarpanch of Gram Panchayat Pacheri Kalan on September 4, 1981 issued patta of the land in question in favour of Chhaju Ram. After unsuccessful appeals before the Panchayat Samiti Buhana and Collector Jhunjhunu, Net Ram approached Revenue Appellate Authority (for short the RAA ). The RAA vide its judgment dated September 22, 1987 allowed the appeal. This order of the RAA has been called in question in the instant writ of certiorari.

(3.) FOR these reasons I dispose of the writ petition in the following terms- (i) The orders of Collector Jhunjhunu and the RAA Sikar respectively passed on March 28, 1984 and September 22, 1987 are set aside. (ii) The matter is remitted back to the District Collector Jhunjhunu to adjudicate upon the following question- (a) Whether the patta issued to Net Ram on October 22, 1975 was valid? (b) What is the sanctity of the patta issued to Chhaju Ram on September 4, 1981? (iii) The parties are directed to appear before the learned District Collector Jhunjhunu on April 16, 2001 for seeking further instructions. Learned District Collector is expected to decide the matter as expeditiously as possible after providing opportunity of hearing to the parties. Till the matter is decided the parties shall maintain status quo in regard to land in question. (iv) No costs. .