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2002 DIGILAW 1658 (RAJ)

Ramdeo v. The Additional Collector

2002-09-25

SUNIL KUMAR GARG

body2002
JUDGMENT 1. - This writ petition under Article 226/227 of the Constitution of India has been filed by the petitioner against the respondents on 8.1.99 with a prayer that by an appropriate writ, order or direction the order dated. 30.11.78 (Annex. 4) passed by the Gram Panchayat, Kathoti whereby the petitioner was directed to remove the encroachment and the judgment dated. 24.9.98 (Annex. 7) passed by the learned Additional Collector, Nagaur (respondent No. 1) whereby the revision petition filed by respondent No. 2 (Gram Panchayat, Kathoti) was allowed and the order dated. 18.11.78 (Annex. 3) and order dated. 30.11.78 (Annex. 4), passed by the Gram Panchayat, Kathoti (respondent No. 2) were restored, be quashed are set aside. 2. The facts as put forward by the petitioner are as under : (i) That the petitioner resides in a house constructed on his ancestral plot situated in village Kathoti, Tehsil Jayal, Dist. Nagaur. The petitioner also uses a part of ancestral plot as bara for cattle shelter and fodder reservoir. (ii) That the land in question is in possession of the petitioner and his forefathers for the time immemorial. (ii) That the Sarpanch of the Gram Panchayat Kathoti (respondent No. 2) gave a notice to the petitioner on 1.10.78 (Annex. 1) and asked the petitioner to remove encroachment. The petitioner filed reply on 7.10.78 (Annex. 2) to the said notice (Annex. 1) dated. 1.10.78. (iii) That despite filing of the reply by the petitioner, the respondents No. 2 (Gram Panchayat Kathoti) passed orders dated. 18.11.78 (Annex. 3) and the order dated. 30.11.78 (Annex. 4) against the petitioner directing the petitioner to remove encroachment and also imposing penalty as mentioned in these orders. (iv) That against the order dated. 30.11.78 (Annex. 4) passed by the Gram Panchayat, Kathoti, the petitioner preferred an appeal before the Panchayat Samiti, Jayal and the Panchayat Samiti, Jayal allowed the appeal filed by the petitioner through his judgment dated. 16.11.86 (Annex. 6) and quashed the order 30.11.78 (Annex. 4) passed by the Gram Panchayat, Kathoti (respondent No. 2). (v) That aggrieved from the judgment dated. 6.11.86 (Annex. 6), the Gram Panchayat Kathoti (respondent No. 2) preferred revision petition before the Addl. Collector, Nagaur (respondent No. 1) and the Addl. Collector, Nagaur (respondent No. 1) through his judgment dated. 24.9.98 (Annex. 6) and quashed the order 30.11.78 (Annex. 4) passed by the Gram Panchayat, Kathoti (respondent No. 2). (v) That aggrieved from the judgment dated. 6.11.86 (Annex. 6), the Gram Panchayat Kathoti (respondent No. 2) preferred revision petition before the Addl. Collector, Nagaur (respondent No. 1) and the Addl. Collector, Nagaur (respondent No. 1) through his judgment dated. 24.9.98 (Annex. 7) accepted the revision petition filed by the respondent No. 2 (Gram Panchayat, Kathoti) and set aside the judgment dated. 6.11.86 (Annex. 6) passed by the Panchayat Samiti, Jaya[ and restored the orders dated. 18.11.78 (Annex. 3) and 30.11.78 (Annex. 4) passed by the Gram Panchayat, Kathoti (respondent No. 2). Hence, this writ petition with the abovementioned prayer. 3. Reply to the writ petition was filed by the respondents. 4. After filing of the writ petition, Gram Panchayat, Kathoti (respondent No. 2) passed a resolution on 15.8.2001 (Annex. R2/1) by which the case of the petitioner to some extent was accepted by them and possession of the petitioner was also found over the disputed land. 5. Now, in this writ petition, it has been submitted by the learned counsel for the petitioner that since resolution dated. 15.8.2001 (Annex. R2/1) has been passed after filing of the writ petition, previous orders dated. 18.11.78 and 30.11.78 (Annex. 3 and 4 respectively) passed by the Gram Panchayat, Kathoti (respondent No. 2) and the judgment dated. 24.9.98 (Annex. 7) passed by the Addl. Collector, Nagaur (respondent No. 1) have become redundant and thus, they should be set aside and the case be remanded back to the Gram Panchayat, Kathoti (respondent No. 2) to take fresh decision in light of the resolution dated. 15.8.2001 (Annex. R2/1) passed by the Gram Panchayat, Kathoti (respondent No. 2). 6. This position has not been controverted by the respondents as resolution dated. 15.8.2001 (Annex. R2/1) has been presented by the respondent No. 2 itself. 7. For the reasons mentioned above, this writ petition deserves to be allowed. Accordingly, this writ petition is allowed and the orders dated 18.11.78 (Annex. 3) and 30.11.78 (Annex. 4) passed by the Gram Panchayat, Kathoti (respondent No. 2) and the judgment dated 6.11.86 (Annex. 6) passed by the Panchayat Samiti, Jayal and the judgment dated 24.9.98 (Annex. 7) passed by the Addl. Accordingly, this writ petition is allowed and the orders dated 18.11.78 (Annex. 3) and 30.11.78 (Annex. 4) passed by the Gram Panchayat, Kathoti (respondent No. 2) and the judgment dated 6.11.86 (Annex. 6) passed by the Panchayat Samiti, Jayal and the judgment dated 24.9.98 (Annex. 7) passed by the Addl. Collector, Nagaur (respondent No. 1) are set aside and the matter is remanded back to respondent No. 2 (Gram Panchayat, Kathoti) to decide the matter afresh in light of the resolution dated 15.8.2001 (Annex. R2/1) passed by the Gram Panchayat, Kathoti (respondent No. 2) after affording an opportunity of hearing to the petitioner and concerned parties. The concerned parties are directed to appear before respondent No. 2 (Gram Panchayat, Kathoti) on 25.10.2002. Cost made easy.Writ Petition Allowed. *******