MANOHAR SINGH Vs. STATE OF RAJASTHAN AND ORS.

JUDGEMENT

(1.) In this writ petition, the petitioner has prayed for quashing impugned order dated 19.12.2011 (Annex.-9) passed by the District Collector, Banner upon revision petition filed by one Poonam Singh under Section 97, Panchayati Raj Act, 1994, by which, Patta No. 140/04 issued on 20.10.2004 in favour of the petitioner was cancelled. Learned counsel for the petitioner submits that the order passed by the District Collector for quashing patta is totally illegal because the patta was issued in favour of the petitioner upon old possession on the land in question after following procedure under Rules 145 to 148 of the Rules of 1996. The District Collector, Banner did not examine the report of the Panchayat which is prepared before regularising the plot of the petitioner.

(2.) Main contention of the petitioner is that the committee of the Gram Panchayat Shiv inspected the site and found that the petitioner's possession is old possession and the patta has been issued after due satisfaction with regard to possession of the petitioner, therefore, the District Collector, Banner illegally quashed the patta issued in favour of the petitioner. Hence, the order impugned deserves to be quashed.

(3.) In this writ petition, it is also pleased that respondent No. 3 filed revision petition with malafide intention because some litigation is going on in between petitioner and respondent No. 3 but the District Collector even upon taking the above ground and objections did not consider the same and found that patta was wrongly issued in favour of the petitioner. Therefore, the order impugned may be quashed and patta issued in favour of the petitioner may be restored.