JAYANTI LAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) By this writ petition, the petitioner has challenged the order of the Assistant Collector dated 23.3.2002 allowing the revision petition filed by Panchayat Extension Officer, Sirohi under Section 97 of the Rajasthan Panchayati Raj Act whereby the said Authority cancelled the patta of the land issued in favour of the petitioner by the Gram Panchayat Sildhar.

(2.) The learned Counsel for the petitioner submits that the Gram Panchayat had issued said patta after investigating into all the relevant facts in accordance with Rule 157 of the Rajasthan Panchayati Raj Rules, 1996 vide Annex.2, copy of minutes dated 30.10.1998 of the said Gram Panchayat. A perusal of the said minutes indicates that in the meeting held on 30.10.1998, merely a note has been put that 19 persons had applied for grant of patta for old houses and at serial No. 12 name of the present petitioner Jayanti Lal appeared. In the said meeting, the said file was ordered to be placed in the next meeting. The minutes of next meeting reproduced at page 19 of the writ petition indicates that on the said application, notice inviting objections was issued by the Gram Panchayat on 6.11.1999 and since no objections were received within the time stipulated, the said file was ordered to be kept in the next meeting with affidavit/evidence of two witnesses. No minutes of any meeting thereafter has been placed on record, therefore, final decision taken by the said Gram Panchayat under Rule 157 sanctioning the grant of patta in favour of the petitioner is not on record. However, Annex.3 produced by the petitioner is the patta issued under Rule 157 for a sum of Rs. 200/-. The description of the property given in the said patta along with the map does not indicate that any old house is existing on the said plot in question.

(3.) The Assistant Collector, by the impugned order dated 23.3.2002 held that the Gram Panchayat could not have issued these pattas under Rule 157 which applies only for regularisation of old houses situated within the jurisdiction of Gram Panchayat. For old houses constructed more than 50 years ago, such patta of abadi land can be issued for Rs. 100/- and for old houses constructed during last 50 years from the date of commencement of these rules, such pattas can be issued for a sum of Rs. 200/-. Rule 157 of the said Rules is reproduced hereunder for ready reference: