KARAMJEET SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) PETITIONER Karamjeet Singh has preferred this writ petition for assailing the impugned order Dt. 31.01.2014 (Annex. 9) passed by the learned Addl. District Collector (Admn.), Sri Ganganagar, whereby revision petition filed by respondent No. 5 Dr. Kashmeer Dhillon under Sec. 97 of the Panchayati Raj Act 1994 (for short, 'Act of 1994) was allowed. Facts, apposite for the purpose of this writ petition, are that respondent No. 5 Dr. Kashmeer Dhillon laid a revision petition under Sec. 97 of the Act of 1994 challenging allotment of a residential plot measuring 50' x 100' by Gram Panchayat, Sahuwala in favour of petitioner vide Patta Annex. 1 Dt. 01.10.1990 and its regularization pursuant to Resolution No. 1 Dt. 05.05.2013 (Annex. 2) by the Gram Panchayat, inter alia, on the ground that the said land was earlier allotted to her ancestors. It is averred in the revision petition by the fifth respondent that when petitioner Karamjeet Singh staked his claim for ownership on land in question allotted in the name of her ancestors by way of filing an application before the Chief Executive Officer, Zila Parishad, she came to know that the petitioner in conspiracy with Gram Panchayat got a forged patta issued in his name. With these assertions, the fifth respondent has made endeavour to explain the delay in filing the revision petition. The alleged allotment of land in question in favour of petitioner was questioned by the fifth respondent precisely on the ground that allotment has been made free of cost without adhering to the prescribed procedure and determining eligibility of the petitioner for the said allotment. According to fifth respondent, such allotment is permissible to the members of Scheduled Castes, Scheduled Tribes, small and marginal farmers, who do not own any land in their name. Moreover, it is also pleaded in the revision petition that Gram Panchayat can allot residential plot free of cost to certain categories of persons with specific dimensions i.e. 150 sq.yds., whereas the allotted land is approximately 555 sq.yds. which is not permissible under the law.

(2.) THE learned Addl. District Collector (Admn.) Sri Ganganagar, after hearing the rival parties, held that patta issued in favour of petitioner and its subsequent ratification by way of regularization is illegal and consequently quashed the same by allowing the revision petition. Learned Addl. Collector (Admn.) has also observed in the impugned order that Gram Panchayat while passing the order of allotment has not adhered to Rule 267(2) of the Rajasthan Panchayat & Nyaya Panchayat (General) Rules 1961 (for short, 'Rules of 1961')

(3.) I have heard learned counsel for the petitioner and perused the materials available on record.