KAPURARAM Vs. BHURI DEVI

JUDGEMENT

(1.) The present writ petition has been filed by the petitioner under Article 227 of the Constitution of India being aggrieved by the order dtd. 8/3/2016 passed by the learned Additional District Collector, Jalore in Revision Petition No.14/2015 titled as 'Kapoora Ram v. Bhuri Devi and Ors.' whereby the learned revisional court rejected the revision petition filed by the petitioner under Sec. 97 of the Rajasthan Panchayati Raj Act, 1994 (the Act of 1994) against issuance of alleged patta dtd. 28/2/1983 in favor of Vachnaram S/o Roopaji Rajpurohit on the ground that a civil suit seeking permanent injunction bearing civil original suit No.90/2011 is pending adjudication before the court of Additional Senior Civil Judge No.1, Jalore.

(2.) Learned counsel for the petitioner submitted that the learned Additional District Collector, Jalore has grossly erred in rejecting the revision petition filed under Sec. 97 of the Act of 1994 on the ground of pendency of a civil suit seeking permanent injunction between the parties. He submitted that the suit for injunction cannot decide the issue pertaining to validity of a patta issued in the year 1983 as under Sec. 97 of the Act of 1994, the revenue authorities have exclusive jurisdiction to decide the same in a revision petition.

(3.) Learned counsel submitted that in the present case, the patta in question was issued in favour of late Vachnaram in the year 1983 in gross violation of the procedure provided under the Panchayati Raj Act and Rules and therefore it was the duty of the Additional District Collector, Jalore to examine the legality and validity of patta issued in favor of Vachnaram and record its findings with regard to the same while deciding the revision petition. The learned counsel submitted that the revision petition ought not to have been dismissed on the ground that a simple suit for injunction is pending between the parties before the competent civil court. Learned counsel for the petitioner has placed reliance on a judgment passed by this Court in the case of "Ghewar Chand v. State of Rajasthan" (S.B. Civil Writ Petition No.8887/2017) decided on 11/8/2017.