SUKH RAM Vs. DISTT. COLLECTOR, CHURU

JUDGEMENT

(1.) This appeal has been preferred by the appellant against the order dated 04.07.2007 passed by the learned Single Judge in SBCWP No.419/2004, whereby the writ petition filed by the appellant while challenging the order dated 24.12.2003 passed by the District Collector, Churu in a revision petition filed on behalf of the respondent Nos. 3 and 4 has been dismissed.

(2.) The case as set up by the appellant before the learned Single Judge is that he was in possession of a portion of abadi land situated in village Dhani Subhram (Hamirwas) by constructing a residential house on it. On 05.04.2002, he moved an application in the Gram Panchayat, Hamirwas for issuance of a patta in respect of the land in question on the basis of his old possession, however, the Gram Panchayat has refused to issue patta in favour of the appellant on the ground that for the land in question, a patta is already issued in the name of public chowk by the erstwhile panchayat. The appellant, thereafter, moved an appeal before the Panchayat Samiti, Churu with a prayer for quashing the patta issued in the name of public chowk. The said appeal was allowed by the Panchayat Samiti and the patta dated 07.01.1998 issued in the name of public chowk has been quashed and a direction was issued by the Gram Panchayat to issue patta in the name of the appellant in respect of the land in question. The said decision of the Panchayat Samiti, Churu dated 15.11.2002 was challenged by the respondent Nos. 3 and 4 before the District Collector, Churu and District Collector, Churu while exercising powers under section 97 of the Rajasthan Panchayati Raj Act, 1994 (for short 'the Act of 1994' hereinafter) has allowed the said revision petition and quashed the order of the Panchayat Samiti dated 15.11.2002.

(3.) The order passed by the District Collector, Churu dated 24.12.2003 was challenged by the appellant by way of the aforesaid writ petition, however, the learned Single Judge has dismissed the writ petition vide impugned order dated 04.07.2007, while holding that no interference is warranted in the impugned order passed by the District Collector. Being aggrieved with the same, the appellant has filed this appeal.