HANUMANA RAM Vs. DISTRICT COLLECTOR, CHURU.

JUDGEMENT

(1.) These intra-Court appeals are directed against common order dated 20.12.17 passed by the learned Single Judge of this Court, whereby the writ petitions preferred by the appellants herein, assailing the order dated 11.10.17 passed by the District Collector, Churu under Section 97 of the Rajasthan Panchayati Raj Act, 1994 (for short 'the Act of 1994'), in Revision Petition Nos. 3/2017, 4/2017, 5/2017, 6/2017 and 7/2017, have been dismissed.

(2.) The appellants challenged the legality of the pattas issued in favour of the private respondents herein by the Gram Panchayat, Jhariya of residential land inter alia on the ground that the respondents already having the residential plots were not entitled for allotment of the land under the provisions of Rajasthan Panchayati Raj Rules, 1996 (for short 'Rules of 1996'). That apart, it was contended that the land in question forms part of the land of johar paitan ad measuring 114 bighas 18 biswas, comprising khasra no.95, which on account of prohibition contained in Section 16 of the Rajasthan Tenancy Act, 1955 (for short 'the Act of 1955') could not have been divested for expansion of abadi.

(3.) The revision petitions were dismissed by the revisional authority vide order dated 11.10.17 observing that the material on record is not sufficient to arrive at the conclusion that the respondents were already having the residential land in their possession and therefore, they were not entitled to further allotment. Regarding the land being part of the land categorised in the revenue record as johar paitan, the revisional authority opined that the land measuring 3 bighas and 10 biswas forming part of the land johar paitan, has already been divested for expansion of abadi by the State Government vide order dated 28.9.02 and thus, the pattas of the land already entered in the revenue record as abadi land, issued by the Gram Panchayat, cannot be cancelled. The revisional authority further observed that it would not be justified to cancel the pattas issued in the year 2004 after a lapse of about 12 years.