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2017 DIGILAW 1465 (RAJ)

PANCHAYAT SAMITI, DUNGARPUR v. DISTRICT COLLECTOR, DUNGARPUR

2017-07-04

GOPAL KRISHAN VYAS, MANOJ KUMAR GARG

body2017
JUDGMENT : 1. The instant special appeal has been filed under Rule 134 of the Rajasthan High Court Rules by appellant- Panchayat Samiti- Dungarpur, through Vikas Adhikari, against the order/judgment dated 02.05.2017 passed by learned Single Judge in S.B.C.W.P. No.7554/2015, by which the learned Single Judge dismissed the writ petition filed by Panchayat Samiti, Dungarpur, filed against the order dated 13.05.2015 passed by District Collector, Dungarpur, by which the learned District Collector held that the land in question falls within the municipal area, therefore, Panchayat Samiti is not having any title or ownership over the land in question. 2. As per facts of the case, appellant Panchayat Samiti- Dungarpur, while claiming title over the disputed land preferred a suit for permanent injunction against the respondent Municipal Board, Dungarpur, and sought injunction in terms that respondent Municipal Board shall not interfere with the use and occupation of the Panchayat Samiti over the dispute land. The learned Civil Judge (Jr. Division), Dungarpur (Trial Court) after holding trial arrived at the finding that Panchayat Samiti Dungarpur has no title over the disputed land and dismissed the suit (Suit No.46/1996) filed by Panchayat Samiti- Dungarpur vide judgment and decree dated 10.04.2000. 3. Against the judgment aforesaid, appellant-Panchayat Samiti, Dungarpur, preferred first appeal in the court of District Judge, Dungarpur, but the same was also dismissed vide judgment dated 13.09.2006. Thereafter a second appeal was preferred before this Court being SBCSA No.476/2006, in which the learned Single Judge allowed the second appeal and quashed the decree passed by the first appellate court affirming the judgment and decree passed by the trial court and remitted the case to the District Collector, Dungarpur u/s 323 of the Act of 2009 with certain directions vide judgment dated 01.02.2010 passed in CSA No.476/2006. 4. In pursuance to the directions issued in aforesaid second appeal, the District Collector, Dungarpur, considered the relevant record and submissions of the parties and arrived at the finding that the land in question recorded in the revenue record as pasture/'Bilanam'/'Padat', which vested in the Municipal Board, and Panchayat Samiti, Dungarpur, has no title whatsoever over the same, however, taking into consideration the fact that Panchayat Samiti, Dungarpur has already constructed its building, excluding the land covered by permanent residential building of Panchayat Samiti, the Municipal Board, Dungarpur has been declared the owner of the remaining land vide order impugned dated 13.05.2015. 5. 5. The appellant Panchayat Samiti, Dungarpur assailed the order dated 13.05.2015 passed by District Collector, Dungarpur, by filing writ petition being SBCWP No.7554/2015 with a prayer to quash the same on various grounds. 6. Learned Single Judge after hearing both the parties dismissed the writ petition vide judgment dated 02.05.2015, which is under challenge in this intra-court appeal. 7. Learned counsel for the appellant vehemently argued that the land in question belongs to Panchayat Samiti, Dungarpur, and building of Panchayat Samiti was constructed upon the said land, therefore, this fact was to be considered by the District Collector as well as by the learned Single Judge, however, the learned Single Judge rejected the claim of Panchayat Samiti upon the land in dispute. He, therefore, submitted that the judgment impugned rendered by the learned Single Judge as well as order passed by the District Collector, Dungarpur, dated 13.05.2015 may kindly be quashed. 8. E-Converso, Mr. Bheem Arora, learned counsel appearing on behalf of respondent Municipal Board, Dungarpur submitted that is no documentary evidence on record so as to prove the fact that the land in question was allotted to the Panchayat Samiti, Dungarpur by the State Government. It is also submitted that the learned District Collector has taken lenient view for the land upon which building of Panchayat Samiti is constructed and declared the Municipal Board, Dungarpur, as the owner of the remaining land, therefore, in any way it can be said that District Collector, Dungarpur, has committed an error while rejecting the claim of Panchayat Samiti, Dungarpur upon the land in question. Learned counsel for the respondent thus submits that this special appeal may kindly be dismissed. 9. After hearing learned counsel for the parties, we have perused the entire pleadings and documents annexed with the writ petition, coupled with the finding given by the learned Single Judge in the judgment impugned. Admittedly, the land/s in question occupied by Panchayat Samiti, Dungarpur, were never allotted in favour of Panchayat Samiti by the State Government. It is not disputed by the appellant that Govt. land within municipal limit stand vested in the Municipal Board, Dungarpur. Therefore, the learned Single Judge held that the appellant being the statutory body cannot be permitted to claim title over the land owned by the local authority on the basis of alleged long possession. It is not disputed by the appellant that Govt. land within municipal limit stand vested in the Municipal Board, Dungarpur. Therefore, the learned Single Judge held that the appellant being the statutory body cannot be permitted to claim title over the land owned by the local authority on the basis of alleged long possession. It is further observed that the District Collector, Dungarpur, keeping in view the fact of construction of building by the Panchayat Samiti, declared the ownership of the Municipal Board over the land in question taking a reasonable view, and has specifically excluded the land covered by permanent residential building of Panchayat Samiti, Dungarpur. 10. Thus, in absence of any title in favour of appellant Panchayat Samiti, Dungarpur, there was no occasion for the District Collector, Dungarpur to pass any order in favour of Panchayat Samiti with regard to ownership of the land in question. In our opinion, the order dated 13.05.2015 passed by the District Collector, Dungarpur, so also, the impugned judgment dated 02.05.2017 of learned Single Judge do not suffer from any illegality or infirmity so as to call for any interference. 11. Consequently, this intra-court appeal is hereby dismissed being devoid of any force.