SANTOSH Vs. TAKHAT SINGH AND ORS.

JUDGEMENT

(1.) THIS writ petition is directed against order dated 20.6.12 passed by the District Collector, Bikaner, whereby the revision petition preferred by the first respondent questioning the legality of the patta of a plot issued in favour of the petitioner, has been allowed and consequently, the patta issued in favour of the petitioner, stands cancelled.

(2.) LEARNED counsel for the petitioner contended that the patta of the plot in question has been issued by the Gram Panchayat, Nalbadi, in favour of the petitioner after following the procedure laid down under the provisions of Rajasthan Panchayat (General) Rules, 1961 (for short "the Rules of 1961") and therefore, the order impugned passed by the revisional authority cancelling the patta is not sustainable in the eyes of law. Learned counsel submitted that the revision petition questioning the legality of the patta issued in favour of the petitioner was filed by the first respondent, after a lapse of more than five years and therefore, the revision petition was liable to be dismissed on this count alone. In support of the contention, learned counsel has relied upon decisions of this court in the matter of "Abdul Latif & Anr. vs. State & Ors.",, 2008 (2) DNJ (Raj.), 735 and "Ramkishan Vs. State of Rajasthan" (D.B. Civil Special Appeal No. 120/12 and other connected special appeals), decided vide order dated 29.3.11.

(3.) I have considered the rival submissions and perused the material on record.