HARPHOOL Vs. ADDL. DISTT. COLLECTOR, SIKAR

JUDGEMENT

(1.) THE learned counsel for the petitioner fairly concedes that a single patta for a land admeasuring 520 sq. yards under Rule 158 of the Rajasthan Panchayati Raj Rules, 1996 (herein after '1996 Rules') is on the face of it unsustainable. He points out that as four brothers, the petitioners herein, were seeking allotment of 150 sq. yards each and there appears to have been a misdirection at the level of Panchayat consequent to which a single patta of 520 sq. yards has been issued. Consequently rather than pursue the writ petition, he submits that the petitioners be allowed to avail the remedy under Rule 157 of the 1996 Rules and seek regularisation of each of their old possession of land where it is claimed living houses have been built. On the submission of the learned counsel for the petitioners and the state of law, this writ petition is not to be entertained. The petitioners are however free to avail their remedy under Rule 157 of the 1996 Rules before the Gram Panchayat Shyampura, Panchayat Samiti Piprali, District Sikar. In the event any application is filed by the petitioners the same shall be entertained on the obtaining facts site inspection and necessary compliance as warranted in law at the level of Panchayat and decided as ordained by law.

(2.) THE writ petition and stay application however stand dismissed.