GOMARAM Vs. KUKARAM

JUDGEMENT

(1.) This appeal is before us to examine correctness of order dated 28.7.2016 passed by learned Single Bench dismissing S.B. Civil Writ Petition No.8283/2016.

(2.) In brief, facts of the case are that the Gram Panchayat, Baderawas, Panchayat Samiti, Pali granted a 'patta' for a piece of land in favour of appellant-petitioner on 03.9.2004. A challenge to the same was given by way of filing a revision petition by the respondents Shri Kukaram and Shri Bhagaram with assertion that the land pertaining to which 'patta' is granted is a part of path (way), therefore, was not open for allotment. The appellant-petitioner while contesting the revision petition submitted that the entire issue has already been adjudicated by a civil court in a suit preferred by him to have a permanent and mandatory injunction. The learned Collector vide order dated 06.2015 accepted the revision petition and set aside the 'patta' granted by the Gram Panchayat, Baderawas and remanded the matter with a direction to reconsider the entire matter afresh and while doing so to take into consideration the findings arrived by civil court in the suit preferred by the petitioner.

(3.) The order passed by the Collector came to be upheld by the learned Single Bench under an order dated 28.7.2016. The learned Single Bench while dismissing the writ petition noticed that the Collector himself has protected rights of the petitioner while directing the Gram Panchayt to take into consideration the judgment and decree passed by the civil court while examining the matter pertaining to grant of the 'patta' in-question.