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2002 DIGILAW 403 (RAJ)

Chandra Shekhar Singh v. Collector Sirohi

2002-02-14

D.N.JOSHI, M.R.CALLA

body2002
Honble CALLA, J.–This Special Appeal is directed against the judgment and order dated 10th March, 2000, whereby the writ petition was dismissed by the learned Single Judge. (2). The petitioner came with the case that the land admeasuring 50 x 90 i.e. 4500 sq.ft. is situated in village Dhanvav, in the residential area, which is in possession of the petitioner, for the last more than 25 years. The petitioner had filed an application before the Sarpanch, Gram Panchayat, Akra Bhatta, for issue of a new `patta to the petitioner on the ground that he is in possession of the land in question for the last more than 25 years and he was ready to pay the requisite fee of `patta. In this matter, the Collector, Sirohi had passed an order dated 18th December, 1988, whereby the Gram Panchayats order was set aside. In the alternative, a prayer was made that 1/5th price of prevailing market price as in February 1, 1996 be taken from the petitioner and sale be regularised. (3). This appeal was admitted on 4th of May, 2000 and, on the same date, the operation of the impugned order passed by the Collector was stayed, on the last date, i.e., 14th February, 2001, when the matter came up before the Court, the learned counsel for the respondents sought time to take instructions and today she has come with the instructions that if the appellant is prepared to pay a sum of Rs.80,000/- plus interest at the rate of 9% per annum from 18.12.1998, i.e., the date on which the `Patta was set aside, the respondents are prepared to settle this matter and bring and end to the controversy. This suggestion of the respondents claiming the interest at the rate of 9% per annum on a sum of Rs.80,000/- from 18th December, 1998, is acceptable to the learned counsel for the appellant. Therefore, with the consent of the parties, it is ordered that should the appellant deposits a sum of Rs.80,000/- with the Gram Panchayat, Akra Bhatta, Panchayat Samiti, Abu Road, alongwith interest at the rate of 9% per annum from 18th December, 1998, the `patta, which was set aside in respect of the land in dispute, shall be restored. The appellant shall deposit the total amount, including interest with the Gram Panchayat Akra Bhatta, Panchayat Samiti, Abu Road, within a period of four months from today. The appellant shall deposit the total amount, including interest with the Gram Panchayat Akra Bhatta, Panchayat Samiti, Abu Road, within a period of four months from today. The interest shall be paid from 18th December, 1998 to upto to date and till the date the amount is actually tendered. This appeal is, therefore, decided on the lines as above. henceforth, the rights and obligations of the parties shall be governed by this order, instead of all earlier orders and the order passed by the learned Single Judge shall not come in the way of the parties to carry out this consent order. In case the appellant fails to deposit the entire amount as ordered above within a period of four months, this order shall stand recalled and, in that case, the order passed by the learned Single Judge would stand.