PEKARAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The present writ petition is directed against the order dated 24.06.2019, passed by the Additional District Collector, Jalore in a revision petition filed by the respondents under Section 97 of the Rajasthan Panchayati Raj Act, 1994 (hereinafter referred to as "the Act of 1994").

(2.) The facts giving rise to the present writ petition are that the respondents Nos. 2 and 3 preferred a revision petition under Section 97 of the Act of 1994 and challenged the 'Patta' No. 14/1 dated 05.12.2001, issued in favour of the present petitioner. It was inter alia asserted that the resolution and consequential 'Patta' granted to the petitioner was not in conformity with the provisions, particularly Rule 157 B of the Rajasthan Panchayati Raj Rules, 1996; that the requisite compliance of the statutory provisions were not made by the then Gram Panchayat; and that the prescribed fee for issuance of 'Patta' was also not deposited by the respondent (petitioner herein). It was also asserted that the petitioner has not raised any construction over the land in question, in relation whereof the 'Patta' was issued and thus there was a breach of condition No. 8 of the terms of the lease ('Patta'). It was also asserted by the Gram Panchayat that the land in question for which 'Patta' had been issued, was recorded as "Gair Mumkin Pahad" in the revenue record and, as such, it was not available for allotment/regularisation.

(3.) Learned Additional Collector allowed the aforesaid revision petition, filed by the respondent - Gram Panchayat and set aside the subject 'Patta' dated 05.12.2001. Learned Additional Collector recorded a categorical finding that there is no evidence of affixation of objections on the conspicuous place of Panchayat, no proof of deposit of Rs. 25/- for inspection fee, Rs. 60/- - the fee for approval of the map and Rs. 100/- - fee for issuance of 'Patta'. The learned Additional Collector has also given a finding that the land on which the 'Patta' had been granted was recorded as "Gair Mumkin Pahad", which was not available for grant of "Patta".