SRIRAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS is a writ petition under Articles 226 & 227 of the Constitution of India, filed by Sriram, for issue of a writ of certiorari, or any other appropriate writ, direction or order in the nature thereof, quashing the order of the Additional Collector, Sikar, dated 25th Sept. , '78, cancelling the sale deed, which had been executed in favour of the petitioner by Gram Panchayat Reengus, on 3rd Nov. ,'74.

(2.) THE petitioner is a resident of Reengus Town, in District Sikar. On 30th Aug. , '74, the petitioner made an application to the Sarpanch, Gram Panchayat Reengus, stating that there was a piece of land adjoining the north of his 'nohra' and in-front of his house, after leaving the public way. It was stated that the land was in his possession, and a 'patta' at a concessional rate, be granted in his favour in respect of the said land. On 26th Oct. , '74, Geedaram and Govindram, Panchas of the Gram Panchayat, made a site-inspection and measured the plot of land, for which, the petitioner had made the application for grant of a 'patta'. It was found that the measurement of the plot of land was 20' east-west x 18' north-south, and that the land was in possession of the petitioner. THE Panchas reported that even after grant of 'patta' in respect of the said land, there would be no obstruction in the alignment of the houses. THE report of the Panchas is Annexure -3. THE Gram Panchayat issued a notice (Annex. 4) on 30th Aug. , '74, inviting objections against the application of the petitioner for grant of 'patta'. THE matter was decided by the Gram Panchayat by its order dated 3rd Nov. , '74, whereby, the above plot of land was agreed to be sold to the petitioner under Rule 266 (1) (b) of the Rajasthan Panchayat & Nyay Panchayat (General) Rules, 1961, at a concessional rate of Rs. 21-per sq. yd. A sale-deed (Annex. 6) was also executed by the Gram Panchayat in respect of this land, on 3rd Nov. , '74, in favour of the petitioner. It appears that respondents Nos. 4 & 5, by a sale deed dated 5th Jan. , '77, which was registered on 12th Jan. , '77, purchased a vacant land, located on the eastern side of a part of the plot of land which had been sold by the Gram Panchayat to the petitioner. THE case of the respondents Nos. 4 & 5 was that the plot of land sold to the petitioner was a public chowk and public way since long, and that the Gram Panchayat could not have sold the said land of the public-way to the petitioner. It was also the case of respondents Nos. 4 & 5 that the 'patta' had been issued in favour of the petitioner in violation of the rules.

(3.) IT may further be stated that respondent No. 4 had also instituted a civil suit for a permanent and mandatory injunction, in the court of Munsif, Sawaimadhopur. A copy of the plaint of that suit has been filed by the petitioner, and the same is marked Annexure-8. In that suit, respondent No, 4 had complained that 3-4 years before the filing of the suit, the present petitioner had constructed a latrine near the land, purchased by respondent No. 4, on the land of public-chowk and public-way and that had been dismantled by the Municipal Board in July, '75. Respondent No. 4 apprehended that the present petitioner might make construction over this land of public-chowk and public-way, and he, therefore, prayed for a permanent and mandatory injunction, and for the demolition of the 'chabutra', which had been constructed by the present petitioner on the land of the public- chowk & public-way. That civil suit instituted by respondent No. 4, bearing No. 341/77 was dismissed in default on 8th Mar. , '89, and a certified copy of that order has been produced on behalf of the petitioner.