BHURA RAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) IN this writ petition, the petitioners have prayed for quashing impugned order Annex. -2 dt. 26.04.2007 and auction notice Annex. -3 dt. 08.08.2007 passed by the Addl. District Collector, Pali and Gram Panchayat Mundara Tehsil Bali (District Pali).

(2.) ACCORDING to the facts of the case, a revision petition was filed by the petitioners under Section 97 of the Panchayat Raj Act, 1994 and the same was decided by the Addl. District Collector, Pali against the respondents and patta issued in favour of respondent No. 2 by the Gram Panchayat Mundara under Rule 158 of the Panchayati Raj Rules, 1996 was cancelled. The petitioners are claiming their right on the basis of their old possession, therefore, the petitioners are challenging the order of the Addl. Collector, Pali to the extent of passing the order for auction of the land vide order dt. 26.04.2007, Annex. -2.

(3.) FURTHER , it is submitted by learned Counsel for the petitioners that against the dispossession of the petitioners, a civil suit was filed by them which is still pending, therefore, in view of Rule 161 (1) of the Rules of 1996, no auction can be made by the Gram Panchayat because the dispute is pending in the civil Court. Learned Counsel for the petitioner submits that the impugned order passed by the Addl. District Collector, Pali upon the revision petition filed by the petitioners under Section 97 is correct only to the extent of quashing and cancelling the patta issued in favour of respondent No. 2; but, further part of the order for auctioning the land is totally unwarranted and without jurisdiction, therefore, the said part of the order may be quashed and set aside while maintaining the adjudication made by the Addl. District Collector with regard to cancellation of the patta.