SHIV SINGH Vs. STATE OF RAJASTHAN AND ORS.

JUDGEMENT

(1.) THIS writ petition is directed against order dated 14.2.08 of Additional District Collector, Sirohi, whereby a revision petition preferred by the respondent No. 3 -Shiv Singh, assailing the patta of land ad measuring 3215 sq. ft. issued in favour of the petitioner, by the Gram Panchayat, Mohabbatnagar, stands cancelled.

(2.) THE petitioner made an application to the Sarpanch, Gram Panchayat, Mohabbatnagar, for allotment of the land adjoining to his residential plot, alleged to be in his possession, for last 14 -15 years. The Gram Panchayat issued patta in favour of the petitioner of the land measuring 3215 sq. ft. for a consideration of Rs. 70730/ -, pursuant to the proceedings alleged to have been taken under Rule 150 to 152 of Rajasthan Panchayati Raj Rules, 1996 (for short "the Rules"). Aggrieved by the patta issued in favour of the petitioner as aforesaid, the respondent No. 3 preferred a revision petition before the Additional District Collector, Sirohi under Section 97 of the Act.

(3.) LEARNED counsel for the petitioner contended that before issuing the patta in favour of the petitioner, the respondent Gram Panchayat has followed the procedure laid down under the Rules. In this regard, attention of the court is drawn to the proceedings taken by the Gram Panchayat placed on record. Learned counsel submitted that the patta has been issued in favour of the petitioner by the Gram Panchayat after adopting resolution in its meeting held on 20.2.06 and thus, the finding arrived at by the Revisional Authority is ex facie erroneous.