PARAS RAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THESE 11 petitioners have filed this joint petition under Article 226 of the Constitution of India and prayed that the impugned composite order dated 20. 6. 1996 (Annex. 22) be quashed and set aside to the extent of cancelling Pattas illegally issued by ex-Sarpanch Puna Ram Chaudhary.

(2.) LEARNED counsel Shri M. S. Singhvi, for the petitioners raised three submis-sions in the matter; (i) that the petitioners were issued patta by Ex-Sarpanch, Puna Ram Chaudhary way back in 1986 and that cannot be cancelled after lapse of period of ten years, that too without giving an opportunity of hearing to the petitioners, (ii) before passing the impugned order of cancellation of Patta issued in favour of the petitioners no opportunity was given and (iii) the impugned order of cancellation of Patta does not contain any ground for its cancellation.

(3.) BEFORE parting, I must state that by the impugned composite order at Annexure 22 the Pattas issued in favour of in all 296 persons were cancelled by the State Government and out of them only 11 persons have filed this petition and for the rest of the persons the order had become final. In my opinion, though by an composite order the Pattas issued in favour of 296 persons were cancelled, the 11 persons could not have filed joint petition because that order was one but the Pattas were issued in their individual capacity, therefore, such a joint petition was not maintainable.