ISSACK KHAN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This intra court appeal is directed against order dated 2.8.17 passed by the learned Single Judge of this court, whereby the writ petition preferred by the appellant questioning the legality of order dated 28.6.17 passed by the Additional District Collector, Jaisalmer, the revisional authority, in exercise of the power conferred under Section 97 of the Rajasthan Panchayati Raj Act, 1994 (for short "the Act"), cancelling the patta dated 17.9.07 issued in favour of the appellant by the Gram Panchayat, Habur, (now renamed as 'Punamnagar'), has been dismissed.

(2.) The facts relevant in nutshell are that the appellant submitted an application before the Sarpanch, Gram Panchayat, Habur, for issuing patta of the old house constructed over the Abadi land in his possession. After inviting objections and taking into consideration the inspection report submitted by the Site Inspection Committee of Panchas constituted for site inspection under the provisions of Rule 146 of Rajasthan Panchayati Raj Rules, 1996 (for short "the Rules"), Gram Panchayat, Habur adopted a resolution in its meeting held on 15.7.07 to issue patta of the disputed land in favour of the appellant. Accordingly, patta of the land ad measuring 65x65 sq. ft. was issued by Gram Panchayat, Habur in favour of the appellant on 17.9.07. As per the patta issued placed on record as Annexure 11, the same was issued after conducting auction on payment of Rs. 200/- whereas, as a matter of fact, the proceedings for issuing patta in favour of the appellant was taken under Rule 157 of the Rules, which provides for regularisation of old houses.

(3.) The legality of the patta issued in favour of the appellant was questioned by the respondent no.2-Salak Khan by way of revision petition preferred under Section 97 of the Act before the Additional District Collector, Jaisalmer.