NANAG RAM Vs. ADDL. DISTRICT COLLECTOR

JUDGEMENT

(1.) This writ petition is being preferred under Articles 226 and 227 of the Constitution of India against the order dated 13.10.1992 passed by the Additional District Collector, Karauli in Revision Petition No.190/91.

(2.) Briefly stating the facts of the case are that the petitioner on the basis of possession for more than 20-25 years on the land measuring 60 x 60' in village Kailadevi in Gram Panchayat Loharra, applied on 10.4.90 beore the Gram Panchayat Loharra to allot the said land in his favour. In pursuance to that, the Sarpanch of the Gram Panchayat appointed Panchas for inspection of the said land and the inspection report was submitted by the Panchas of the Gram Panchayat on 28.5.90.

(3.) Thereafter, the Sarpanch of the Gram Panchayat Loharra also invited objections in view of the provisions of Rajasthan Panchayat General Rules 1961 (for short, the Rules of 1961), but no one had filed objections before the Panchayat against the allotment of the said land in favour of the petitioner. After taking into consideration the bonafide, plausible claim or the title of the petitioner, the map was prepared by the Assistant Secretary and the Gram Panchayat resolved that as the land in question would not fetch reasonable price by way of auction, the said land measuring 60 x 60' situated in land Khasra No. 2860 be allotted in favour of the petitioner on a premium of Rs. 1/- per square yard and the patta be issued in favour of the petitioner. The petitioner deposited the requisite amount in view of the resolution passed by the Gram Panchayat on 28.5.90 and ultimately the patta was allotted in favour of the petitioner by the Gram Panchayat Loharra.