SHIVJI RAM Vs. SARDA DEVI

JUDGEMENT

(1.) These four petitions are disposed of by this common order as common point is involved in all these four petitions. The petitioner in all these petitions is the same, whereas, the private respondents are different in whose favour pattas were issued in 1983.

(2.) The grievance made by the petitioners in all these petitions is that in village Kolayat, Gram Panchayat has wrongly issued Pattas in favour of private respondents at a throw away prices of hardly Rs. 600.00 without any formal proceedings. This gives an impression that the petitioner who is not otherwise concerned with the matter has filed these petitions, which are in the nature of public interest litigation. However, from Annex. 10 it appears that pattas were not only issued to the present four private respondents but also for the construction of primary school, Gram Panchayat School quarters, for Dharamshalla and for railways quarters and also for the Head Post Office and other persons also, from the public chowk by the Gram Panchayat. Those persons have also put up the construction on the plots which were allotted to them by issuing patta by the Gram Panchayat. Their allotment is not challenged by the petitioners and the present four private respondents, who have been allotted small piece of land by issuing pattas is challenged in all these petitions. Therefore, it gives an impression that because of some personal reasons present petitioner has selected only these four persons. When the pattas were issued way back in 1983 and that too in favour of poor needy persons comparatively small piece of land admeasuring 40' x 50' only then possession of such persons cannot be disturbed after so many years and that will not be in the interest of justice.

(3.) It is true that the impugned order at Annex. 12 passed by the State Govt, is a brief order, but it cannot be said to be a totally non-speaking order. In ordinary course of business, notings are made and the order is passed in brief by the State Govt. i.e. clear from the impugned order at Annex. 12 passed by the State Govt. Apart from the aforesaid facts, litigation is going on between the petitioner and the four private respondents in whose favour pattas were issued way back in 1983, other litigation before other courts are also going on.