YUNUS ALI Vs. ADDITIONAL DISTRICT COLLECTOR AND ORS.

JUDGEMENT

(1.) THIS writ petition has been filed by the petitioner contending that there was an old Garh(small fort) which completely turned into ruins and became a big sand castle. All the local residents were having their houses and were living in the Garh area of village Khirni. The Gram Panchayat Khirni allotted the land to the local residents and the petitioner, who was in possession of an area 130 ft x 130 ft in the Garh area, was earlier issued notices by the Gram Panchayat Khirni on 24.05.1995, 28.08.1997 and 27.12.1997 under Section 27 of the Rajasthan Panchayat Regulations, 1953 alleging that he had constructed wall in the aforesaid plot and therefore, encroached over the land belonging to the Gram Panchayat. The petitioner submitted that he had already filed an application on 12.05.1984 for the purpose of issuing him patta of the said land as he was living on that land for more than 25 years. The petitioner again submitted an application along with fees to Gram Panchayat Khirni on 05.04.1995 depositing the required court fees and map fees for the said land in order to get a patta of the said land. However, vide proceeding dated 15.01.1998, Gram Panchayat Khirni imposed a fine of Rs. 200/ - on the petitioner under Section 62 of the Rajasthan Panchayati Raj Act, 1994 plus Rs. 10/ - penalty per day till the encroachment is removed. The petitioner filed appeal before the Administrative Standing Committee, Panchayat Samiti Bonli. Vide order dated 15.09.1998, Panchayat Samiti Bonli set aside the proceedings dated 15.01.1998 and further directed the Gram Panchayat to take action on the applications filed by the petitioner for granting of patta of land as per rules. When the petitioner approached the Gram Panchayat, he came to learn that instead of issuing patta of that piece of land to the petitioner, Gram Panchayat had illegally issued four different pattas to four different persons namely Shahid Ali, Rashid Ali, Mumtaj Ali and Ansar Ali holding that each of them was having possession over the part of land which was actually in possession of the petitioner. The petitioner after getting relevant documents preferred separate appeals before the Panchayat Samiti Bonli challenging aforesaid issuance of pattas in favour of four persons as named above. Upon hearing the petitioner and after giving notice to Respondent No. 2, the Panchayat Samiti vide its judgment dated 21.12.1999 set aside the order passed by the Gram Panchayat and cancelled the patta issued in favour of Respondent No. 2. It is contended that the petitioner had also filed earlier an appeal against the order passed in favour of Rashid Ali by the Gram Panchayat by which Patta had been issued to him from the total land which was in possession of the petitioner. That appeal was also allowed vide order dated 24.04.1999 and similarly the appeal of the petitioner as against Shahid Ali was also allowed.

(2.) FEELING aggrieved against order dated 27.12.1999, Shahid Ali preferred a revision petition before the Additional District Collector, Sawaimadhopur which was registered as Revision Petition No. 2/2000. Rashid Ali also preferred revision petition which was registered as Revision Petition No. 60/1999. The Additional District Collector, Sawaimadhopur vide his two separate judgments dated 20.12.2000 dismissed revisions petition of Rashid Ali and allowed revision petition of Shahid Ali. The Panchayat Samiti had cancelled all the four pattas which had been allotted by the Gram Panchayat Khirni and the revision petitions filed against the orders passed by the Panchayat Samiti with regard to three other pattas were also dismissed by Additional District Collector, Sawaimadhopur, but in the order dated 20.12.2000, the Additional District Collector, Sawaimadhopur had wrongly held the possession of Respondent No. 2, Shahid Ali on the property for a period of more than 64 years, therefore, the petitioner filed a review petition which was dismissed by Additional District Collector, Sawaimadhopur vide order dated 28.02.2001. Hence, feeling aggrieved by order dated 20.12.2000 passed by the Additional District Collector, Sawaimadhopur whereby order dated 21.12.1999 has been set aside and the allotment of Patta by the Gram Panchayat dated 12.09.1996 has been restored back and against order dated 28.02.2001 whereby review petition of the petitioner has been dismissed, the petitioner has filed present writ petition.

(3.) LEARNED counsel for Respondent No. 2 has opposed the writ petition and submitted that one Rashid Ali filed civil suit against Yunus Ali and his son Khalid Ali with regard to suit property for which he prayed for relief of injunction. Suit was dismissed accepting possession of the petitioner. He, then filed appeal before the Additional District Judge(Fast Track), Sawaimadhopur which too was dismissed. Learned counsel for the respondent has submitted that one Murtaza Khan made complaint to Tehsildar Bhonli against grand father of the respondent, Bashir with regard to same land. Her complaint was dismissed by Tehsildar on 19.08.1978 holding that disputed land was in possession of Bashir, even prior to 16.02.1946. Murtaza filed revision petition against said order in the court of Additional District Collector, Sawaimadhopur which was dismissed on 08.06.1976. Thus, it is evident that the learned Additional District Collector, Sawaimadhopur rightly accepted the possession of Respondent No. 2 since time of his grand father.