GRAM PANCHAYAT, MANDAR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The appellant Gram Panchayat, Mandar, has filed the instant intra court appeal being aggrieved of the order dtd. 12/4/2022 passed by learned Single Bench, accepting the writ petition filed by the respondent No.2 - Shri Mandar Jain Sangh in the following manner:-

(2.) Shri Teja Ram, learned counsel representing the appellant, vehemently and fervently urged that the original entry qua the land in question as per the revenue record for the Samvat years 2016-2019 would indicate that the land in question was of Mafi Dharmada category and had been gifted to the Panch Mahajanan for public purposes. However, by inadvertent error, in Samvat years 2014-2025 and years 2024-2027, the words Mafi Dharmada were deleted and the entry was made exclusively in the name of Panch Mahajanan. He urges that Gram Panchayat has already moved an application for rectification of error in the revenue entry. The matter is coming up for consideration before the competent forum shortly hereinafter. He thus, urges that till the list pending before the Revenue Courts is decided, the respondent Shri Mandar Jain Sangh should be restrained from raising construction on the land in question.

(3.) Per contra, learned counsel Shri B.S. Sandhu and Shri Shreyansh Mardia representing the respondent Shri Mandar Jain Sangh, submitted that the learned Single Bench has passed a very equitable order wherein, it has been observed that as on date, the title of the land in question vests in the writ petitioner, who has been allowed to raise construction on the land in question after seeking permission of the Gram Panchayat, Mandar. It is further been clarified that in case, the revenue litigation is decided against the writ petitioner, the construction raised on the subject piece of land shall be used for larger public interest of the villagers. They fervently urged that the order under challenge is absolutely justified and does not warrant any interference.