GHEVAR CHAND Vs. DISTRICT COLLECTOR, NAGAUR & ORS.

JUDGEMENT

(1.) This writ petition is directed against order dated 28.5.14 of District Collector, Nagaur, whereby a revision petition preferred by the petitioner under Section 73(2) of Rajasthan Municipalities Act, 2009 ( for short "the Act") questioning the legality of patta issued in favour of the second respondent-Lalit Kumar, stands dismissed.

(2.) Learned counsel for the petitioner submitted that the disputed property was the ancestral property of the petitioner and the second respondent and therefore, no patta of the said property could have been issued by the Municipal Board in favour of the second respondent. Learned counsel submitted that before issuing the patta, no public notice inviting objections was issued and it appears that the patta was issued in favour of the second respondent with the collusion of the employees of Municipal Board, Nagaur. Learned counsel submitted that without examining the factual position in correct perspective, the order impugned passed by the revisional authority is not sustainable in the eyes of law.

(3.) It is to be noticed that the patta of the plot in question was issued by the Municipal Board, Nagaur in favour of the second respondent on the basis of continuous long possession vide order dated 15.9.75, keeping in view the guidelines issued by the Local Self Government Department vide memorandum dated 26.2.62. It has come on record that on the basis of the application preferred by the second respondent, a patta of the land was issued in favour of the petitioner's father as well on the same day. The revisional authority has arrived at a categorical finding that the petitioner has questioned legality of patta issued in favour of the second respondent only whereas, three separate pattas were issued on the same date in favour of all the three brothers including the father of the petitioner, Shri Bhanwar Lal. Thus, on the facts and in the circumstances of the case, without there being any reasonable basis from claiming title over the property in question, the revision petition preferred by the petitioner after a lapse of more than 38 years, questioning the patta issued in favour of the second respondent by the Municipal Board, Nagaur, on the basis of the long continuous possession, has rightly been dismissed by the revisional authority.