CHIRANJI LAL Vs. ADDL COLLECTOR III JAIPUR

JUDGEMENT

(1.) RESPONDENT No. 4 slept over his right for a period of more than thirty nine years and thereafter suddenly awoke and assailed the order dated 20. 11. 1957 of Gram Panchayat Hingoniyan granting Patta of land in question in favour of the petitioner, by filing revision u/sec. 97 of the Rajasthan Panchayati Raj Act, 1994 (for short `1994 Act' ). Learned Additional Collector III Jaipur vide order dated 2. 5. 2001 allowed the revision and set aside the order dated 20. 11. 1957 of Gram Panchayat Hingoniyan. Against this order of Additional Collector III Jaipur that the present action for filing the writ petition has been resorted to by the petitioner.

(2.) I have heard the rival submissions and scanned the record.

(3.) THE discretion exercised by the Additional Collector III Jaipur after a period of more than 39 years in cancelling the patta issued in favour of the petitioner by Gram Panchayat Hingoniyan, is arbitrary and violative of Art. 14 of the Constitution of India.