NAGAR PARISHAD BIKANER Vs. SURAJ RATAN

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) All these appeals are decided by this common judgment. Brief facts of the case are that pattas were issued in favour of the plaintiffs of different suits by Gram Panchayat, Shivbari on or about 17.8.1986. Those pattas were got registered in the year 1990 by the Gram Panchayat itself. The District Collector, Bikaner by exercising powers under Section 27A of the Rajasthan Panchayat Act, 1953 (for short 'the Act of 1953') read with Rule 272 of the Rajasthan Panchayat General Rules, 1961 (for short 'the Rules of 1961') vide order dated 23.9.1993, cancelled the pattas of the plaintiffs. The plaintiffs filed separate suits for declaration and injunction and sought declaration that the order passed by Collector, Bikaner be declared illegal, null and void. It was further prayed that the defendants be restrained from evicting the plaintiff from the suit land. The defendant did not submit written statement despite opportunity given by the trial court. The plaintiff submitted documentary as well as oral evidence.

(3.) The trial court after taking note of the facts as mentioned above, observed that under the provisions of the Act of 1953 as well as Rules of 1961, the Collector has jurisdiction to call for record and examine the legality and validity of the order passed by the Gram Panchayat but the Collector had no jurisdiction to cancel the registered documents executed in pursuance of the resolution passed by the gram panchayat. The trial court also considered the fact that the pattas were issued in the year 1986 and those pattas were registered in the year 1990, therefore, it is not a case of giving pattas to the plaintiff without approval of the competent authority. The trial court also held that the pattas which were granted in the year 1986 could not have been challenged by this mode that too after lapse of 7 years. It is also observed that even if there is no limitation prescribed for entertaining revision or appeal, even then, the action can be challenged within reasonable time and 7 years time cannot be a reasonable time to challenge the pattas or resolution of the gram panchayat. The trial court relied upon the judgments of this Court reported in 1992(1) RLW 694, 1989(1) RLW 147 and 1981 WLN (UC) 223.