RAMESH CHAND Vs. RAM CHARAN SINGH

JUDGEMENT

(1.) Challenge in this petition has been laid to the order dated 21.6.2005 passed by the Additional Collector, Sawaimadhopur, quashing and setting aside the orders/resolutions dated 22.10.1983 and 12.9.1995 passed by the Gram Panchayat, Choth-ka-Barwada allotting a Patta by way of regularisation of land in favour of the petitioner and remaining the matter back to the Gram Panchayat with a direction to revisit the issue of allotment of Patta to the petitioner by way of regularization following a site inspection and determining as to whether there was an old pre-existing house constructed thereon and thereafter pass an order in accordance with the provisions of the Rajasthan Panchayat Act, 1996 (for short, the Act of 1996). Facts of the case are that a parcel of land admeasuring 17 x 44 feet was in possession of the father of the petitioner, one late Gopal Singh. Gopal Singh on the basis of his old pre-existing construction over the said parcel of land, moved an application on or before 8.8.1981 before the Gram Panchayat, Choth-ka-Barwada, district Sawaimadhopur for regularization of his possession by way of allotment of Patta in his name. The Gram Panchayat invited objections from the general public of thee village to the proposed regularization and allotment of Patta to Gopal Singh and no objections thereon being received from any person living in the locality/vicinity, a Committee constituted for site inspection and after completing all formalities according to the extant Act and the Rules it was decided to grant Patta of the land in issue ad measuring 17 x 40 feet @ Rs. 10/- per square yard.

(2.) It appears that after the allotment, Gopal Singh failed to make the requisite payment of the amount determined for the land allotted. Consequently, the Gram Panchayat in its meeting held on 11.12.1984 cancelled the allotment. The father of the petitioner however thereafter deposited an amount of Rs. 833/- with the Gram Panchayat, Choth-ka-Barwada on or before 13th April, 1990 under receipt No. 14466. The matter was thereafter pursued with the Gram Panchayat and the Gram Panchayat consequently in its meeting dated 12.9.1995 recalled its order dated 11.12.1984 cancelling regularization/allotment to the petitioners father and with reference to the application of the petitioner's father moved on 7.8.1990 took a unanimous decision on 10.9.1995 to revive the resolution dated 20.10.1983 and restore the allotment of the plot ad measuring 17 x 40 feet.

(3.) Following Gopal Singh's death, as his legal heir the petitioner became the owner of the land in issue with construction thereon.