RENU DEVI Vs. STATE OF RAJASTHAN & ORS

JUDGEMENT

(1.) By the instant writ petition, petitioner has questioned the legality and propriety of impugned order dated 16.09.2015 (Annex.5) passed by Additional District Collector Nagaur. By the aforesaid order, learned Additional District Collector has rejected revision petition of the petitioner under Section 97 of the Rajasthan Panchayati Raj Act, 1994 (for short, 'Act'). In the writ petition, the petitioner has, inter alia, averred that allotment of land by the Gram Panchayat was dehors the rules. That apart, it is also averred that Gram Panchayat Merta Road has no right to issue patta of a public way and this serious defect is overlooked by the learned Additional District Collector.

(2.) I have heard learned counsel for the petitioner and perused the impugned order. There remains no quarrel that Gram Panchayat allotted Aabadi land to private respondent on 31.03.1988 vide Annex.3 and since then private respondent is in possession over the land in dispute. In totality, the learned Additional Collector was impressed by the fact that revision petition is filed after 24 years for which no plausible explanation is tendered by the petitioner. While construing period of limitation, the learned Additional Collector has also observed that even if no period of limitation is prescribed, a party cannot be permitted to avail the remedy after such an inordinate delay.

(3.) In my opinion, reasons given by learned Additional Collector for non-suiting the petitioner in the revision petition are just and proper and same cannot be categorised as infirm or perverse.