PANCHAYAT SAMITI, DUNGARPUR Vs. THE DISTRICT COLLECTOR, DUNGARPUR

JUDGEMENT

(1.) This petition is directed against order dated 13.5.15 passed by the District Collector, Dungarpur, determining the dispute between the parties under Section 323 of the Rajasthan Municipalities Act, 2009 (for short "the Act of 2009") pursuant to the order dated 1.2.10 passed by this Court in S.B. Civil Second Appeal No.475/06.

(2.) The facts relevant are that the petitioner Panchayat Samiti, Dungarpur, while claiming title over the disputed land, filed a suit for permanent injunction against the respondent Municipal Board, Dungarpur. The injunction was sought in terms that the respondent Municipal Board may not interfere with use and occupation of the petitioner over the disputed land and the tenants occupying the premises constructed thereon may not be evicted. After the trial on the basis of evidence on record, the trial court arrived at the finding that the petitioner has no title over the land in question and accordingly, the suit was dismissed. Aggrieved by the decree passed by the trial court, the petitioner preferred an appeal, which stood dismissed by the District Judge, Dungarpur vide judgment and decree dated 13.9.06. Aggrieved thereby, the petitioner preferred second appeal before this court. This court arrived at the conclusion that keeping in view the provisions of Section 323 of the Act of 2009, the Civil Court had no jurisdiction to entertain the suit. Consequently, the second appeal preferred by the petitioner-Panchayat Samiti was allowed and the decree passed by the First Appellate Court affirming the judgment and decree passed by the trial court was set aside. The matter was remitted to the District Collector, Dungarpur under Section 323 of the Act of 2009 with the directions in the following terms:

(3.) Pursuant to the directions issued as aforesaid by this court, the matter was taken up for consideration by the District Collector, Dungarpur under the provisions of Section 323 of the Act of 2009. After due consideration of the relevant land record and the submissions of the parties, the District Collector arrived at the finding that the lands in question recorded in the revenue record as pasture, bilanam and padat are vested in the Municipal Board and the petitioner Panchayat Samiti has no title whatsoever over the same. However, taking into consideration the fact that the petitioner Panchayat Samiti has already constructed its building, excluding the land covered by the permanent residential buildings of Panchayat Samiti, the Municipal Board, Dungarpur, has been declared owner of the remaining lands. Hence, this petition.