KOYALI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Instant writ petition has been filed by the petitioner for quashing order passed by the Addl. Collector, Deedwana (District Nagaur) dated 26.08.2010 (Annex.-12) and order of the Panchayat Samiti, Kuchaman City dated 13.11.2009 (Annex.-10) and prayed that order of the Panchayat Samiti dated 10.06.2002 (Annex.-3) may be restored and the respondents may be restrained from interfering in the possession of the petitioner in the garb of patta Annex.-1 and order of the Panchayat Samiti, Kuchaman City dated 13.11.2009.

(2.) As per facts of the case, the petitioner is claiming that she is in possession of plot which is situated in the abadi land of ward No.7 of village Ugarpura Tehsil Kuchaman City (District Nagaur) where she is residing with her adopted son from last 60 years. The age of the petitioner is 80 years and as per pleading she is illiterate poor lady earning her livelihood being agriculture labour.

(3.) It is submitted that in the 2001Gram Panchayat, Ugarpura issued patta free of cost of the land measuring 2411 Sq Yds for school without following the procedure laid down under Rules 145 to 149 and Rule 162 of the Rajasthan Panchayati Raj Rules, 1996. Against said patta, the petitioner filed an appeal before the Standing Committee of the Panchayat Samiti Kuchaman City, in which, the Panchayat Samiti inspected the site on 28.05.2002 and, after hearing, the Standing Committee allowed the appeal filed by the petitioner and patta issued by Gram Panchayat Ugarpura on 09.10.2001 was set aside vide order dated 10.06.2002. The Standing Committee observed that patta has been issued without following the mandatory provisions of the rules and ignoring the fact that petitioner is in possession from last many years.