JUDGMENT 1. - Instant petition is directed against the order passed by the learned Additional Collector, Second, Jaipur dated 20.3.2001 setting aside the Patta issued in favour of the petitioner over Khasra No.199. 2. Main thrust of the counsel for petitioner is that there was nothing on record to show that Khasra No. 199 belongs to forest department and the Gram Panchayat was not competent to issue any Patta over the subject land in question under the Rajasthan Panchayati General Rules, 1961 (Rules 1961). 3. He further submits that the procedure provided under the provisions of Rules, 1961 was followed while the allotment of Patta was made by the Gram Panchayat in favour of the petitioner and that has not been properly examined by the authority while passing the order impugned. 4. Counsel for respondent Mr. Jinesh Jain submits that it was the specific case of the respondent even before the Additional Collector that the subject land belongs to forest department and as such no allotment could have been made by the Gram Panchayat and scheme for allotment under the Rules 1961 was not applicable and this fact has been averred also in para 2 of their reply. 5. Mr. Jain further submits that once the land belongs to forest the very power exercised by the Gram Panchayat for allotment of Patta in favour of petitioner was bad in law and deserves to be quashed. 6. Heard counsel for the parties and perused the material available on record. Whether the subject land for which allotment of patta was issued in favour of the petitioner regarding Khasra No. 199 belongs to forest or not either of the party has not placed documentary evidence in support of their submission in absence of which the finding appears to be legally not sustainable. 7. Consequently the writ petition succeeds and allowed and the order of the learned Additional Collector dated 20.3.2001 (Annx.6) is hereby quashed and set aside and the matter is remitted to the learned Additional Collector, Second, Jaipur to hear the matter afresh and grant opportunity to the parties to file their supporting document on record and after due appreciation of their submission, the authority may decide afresh in accordance with law. The parties are directed to appear before the concerned competent authority on 29.7.2013.Petition Allowed. *******