MOHAN LAL Vs. STATE OF RAJASTHAN & ORS

JUDGEMENT

(1.) THIS writ petition is directed against order dated 31.12.12 passed by the District Collector, Bhilwara, whereby the revision petition preferred by the petitioner questioning the legality of patta dated 28.5.12, issued in favour of the respondent Smt. Parwati Devi, by Gram Panchayat, Tharoda, stands dismissed.

(2.) THE relevant facts are that the petitioner was issued a patta of the land ad measuring 17860 sq. ft. situated in Naya Gaon (Manikya Nagar) by Gram Panchayat, Tharoda, on 28.8.86, which was duly registered on 10.1.91. The petitioner proceeded to raise construction over the plot after obtaining permission from the Gram Panchayat, however, the construction sought to be raised was obstructed by the respondent -Smt. Parwati Devi, claiming title over a portion of the said plot measuring 50x50 sq. ft., on the strength of the patta issued in her favour by the Gram Panchayat on 7.3.67. The petitioner questioned the legality of the patta issued in favour of respondent -Smt. Parwati Devi by way of a revision petition before the Additional District Collector, Bhilwara. The revision petition was allowed by the revisional authority vide order dated 3.8.03 and the patta issued in favour of the respondent -Smt. Parwati Devi was cancelled and the matter was remanded to the Gram Panchayat, Tharoda to ensure the disposal of the said abadi land in accordance with the provisions of Rajasthan Panchayati Raj Act,1994.

(3.) THE respondent - Smt. Parwati Devi also filed a revision petition questioning the legality of the patta issued in favour of the petitioner herein, which stood allowed by the Additional District Collector, Bhilwara vide a separate order dated 13.8.03 and the patta issued in favour of the petitioner was cancelled and the matter was remanded to the Gram Panchayat, Tharoda for disposal of the plot in accordance with the provisions of Rajasthan Panchayati Raj Rules, 1996.