ROSHAN LAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Challenge in this appeal is to the order passed by the learned Single Judge dtd. 22/4/2022 whereby the writ petition preferred by petitioner-present appellant challenging the order dtd. 10/1/2022 passed by the Additional District Collector, Bhilwara in revision petition filed by the respondents no. 4 and 5 challenging the petitioner's patta, has been dismissed.

(2.) Learned counsel for the appellant submitted that the onus with regard to there being a document available was on the Gram Panchayat and since the records were not available, the appellant cannot be made to suffer. His assumption is that as per Rule 266 of the Rajasthan Panchayat (General) Rules, 1961 (for short 'the Rules of 1961'), the terminology used is 'Panchayat' and therefore the Sarpanch would be the competent authority to sign the document. The patta which was issued in favour of the appellant on 25/4/1984, being in accordance with the Rules of 1961, the same should have been accepted as there was no illegality in the issuance of such patta.

(3.) Assertion has also been made that there is no bar as far as the allotment of the Panchayat land for industrial purposes is concerned. He, on this basis, contends that the reasons assigned by the authorities below as well as the learned Single Judge are, therefore, unsustainable for not accepting the stand of the appellant.