SHOKAT KHAN Vs. LADHU LAL AND ORS.

JUDGEMENT

(1.) THIS writ petition is directed against order dated 10.9.12 passed by the District Collector, Pali whereby the revision petition preferred by the respondents No. 1 to 8 herein, under Section 97 of the Panchayati Raj Act, 1994 ( ''the Act ''), assailing the validity of the patta of the land ad measuring 77x71 sq. ft. issued in favour of the petitioner by Gram Panchayat, Baneda, has been allowed and the Gram Panchayat has been directed to take appropriate proceedings in conformity with the provisions of Rajasthan Panchayati Raj Rules, 1996 (for short ''the Rules '') for grant of patta of the land, measuring 71x48 sq. ft., covered by the ancestral residential house of the petitioner.

(2.) LEARNED counsel appearing for the petitioner contended that the petitioner has been in possession of the plot in question for last more than 40 years and after construction of the boundary wall, patta was issued in his favour. It is submitted that there is no encroachment made by the petitioner on the public way/pond or the land put to public use and therefore, the order impugned passed by the revisional authority cancelling the patta is ex facie illegal and arbitrary. Learned counsel submitted that the petitioner being in possession of land for more than 40 years, the Gram Panchayat has committed no error in issuing the patta of the land in his favour in terms of Rule 157 of the Rules.

(3.) INDISPUTABLY , in the instant case, the petitioner claimed patta of the Abadi land on the strength of his alleged old possession. It is also not in dispute that though in the patta issued in favour of the petitioner, it is mentioned that the same has been issued by way of auction after following the procedure laid down under Rule 150 to 152 of the Rules, but, as a matter of fact, the patta of the land in question was issued in favour of the petitioner in terms of Rule 157 of the Rules.