AMAN YADAV Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) BY way of this petition, the appellant of SAW No. 811/2001: Smt. Aman Yadav Vs. State of Rajasthan and Anr., has prayed for review of the judgment and order dated 18.08.2011 whereby, the appeal filed by the appellant - petitioner against the order dated 21.09.2001 as passed by the learned Single Judge in CWP No.3678/2001 was dismissed by a co -ordinate Bench of this Court, while following another order passed on the even date, i.e., 18.08.2011 in another similar nature intra -court appeal, being SAW No. 287/2000 : Chandra Shekhar Singh Vs. The Collector, Sirohi & Ors.

(2.) IT is submitted on behalf of the petitioner that the appeal (SAW No.811/2011) filed on her behalf was dismissed on the basis of the order dated 18.08.2011 as passed in the other matter, i.e., SAW No. 287/2000 but then, the observations as occurring in the order passed in SAW No. 287/2000, suggesting as if there had been no right, whatsoever, in the petitioner towards possession of the land in question, are not warranted in the facts of the present case and secondly, they are likely to operate prejudicial to the petitioner in her taking recourse to the other proceedings in accordance with law. It is submitted that the petitioner had submitted the application before the then existing Gram Panchayat for issuance of patta in her favour on the basis of long possession of over 42 years and even if the patta, as such, was not being approved, the observations against possession were not required to be made by this Court; and such observations are not in accord with the other material on record. The learned counsel for the non -petitioners has duly supported the order impugned and also submitted that the Municipal Board was not a party to the main appeal and has been unnecessarily impleaded in this review petition.

(3.) COMING to the point as raised in this review petition, the questioned observations, as made in the order passed in SAW No. 287/2000, are in the following terms: -