GRAM SEVA SAHKARI SAMITI LTD. Vs. STATE

JUDGEMENT

(1.) Heard.

(2.) By way of this writ petition under Art. 226 of the Constitution of India, the petitioner being a Gram Seva Sahakari Samiti has approached this court for seeking quashing of the order Annex.13 dated 18.09.2015, whereby the Vikas Adhikari, Panchayat Samiti, Sardarshahar cancelled the registered patta No. 10 dated 20.05.2009 issued to the petitioner for a piece of land in the village Sarsar for constructing godown of the cooperative society.

(3.) Learned counsel Mr. Sajjan Singh Rajpurohit submits that the construction of the godown was commenced and reached an advanced stage, whereafter, the private respondents filed a frivolous complaint Annex.5 to the SDM, Sardarshahar alleging that the construction of the Gram Seva Sahakari Samiti godown was being made on Gochar or Tanka land. It appears that the copy of the complaint was also placed before the Health Minister, Government of Rajasthan during a public hearing and he marked the complaint to the SDM, Sardarshahar, who in turn, proceeded to pass the order Annex.6 dated 02.09.2015 directing the police to stop the construction in question. Thereafter the Vikas Adhikari, Panchayat Samiti Sardarshahar purportedly constituted a committee of members and office bearers of the Panchayat Samiti for enquiring into the validity of the patta issued to the petitioner. The committee gave its report that the patta was wrongly issued and then the order Annex.13 dated 18.09.2015 came to be passed, whereby the patta of the land issued to the petitioner was cancelled. The petitioner assailed these proceedings as being malafide and having been undertaken under the undue interference of the Minister for Medical and Health, who is not concerned with the affairs of the Panchayati Raj Department.