MOHAN KAVIA Vs. ADDITIONAL DISTRICT COLLECTOR

JUDGEMENT

(1.) PETITIONERS have filed this writ petition against order passed by respondent no.1 Additional District Collector-III, Jaipur, dated 16.07.2009.

(2.) LEARNED counsel for petitioners argued that review petition could not have been entertain by Additional District Collector because he had earlier allowed revision petition filed by petitioners by order dated 05.03.2009. By subsequent order, however, earlier order was set aside and patta of 170 square yards of land issued in favour of private-respondents was held to be valid. LEARNED counsel has argued that land in dispute was in fact being used as way by petitioners and other villagers to have access to temple of Karni Mata and that patta of this land of way could not have been issued by Gram Panchayat in favour of private-respondents. In earlier order thereby allowing revision petition filed by petitioners, Additional District Collector held that proceedings of gram panchayat and relevant registers were not produced before him to prove that they were signed by Sarpanch. Mere fact that patta has been signed by Sarpanch could not justify issuance thereof in favour of respondents. However, subsequently when record was produced before him, review petition was allowed by Additional District Collector. It is argued that under Section 97 of the Rajasthan Panchayati Raj Act it is the State Government which has power to review the order. The disputed land is situated on the way to temple of Karni Mata, and chabutra of Bhairuji and Hanumanji is situated close to that land. Since in note-sheet, signatures of Sarpanch were not there, patta could not have been issued genuinely.