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2017 DIGILAW 2659 (RAJ)

Diler Singh S/o Shri. Gurdiyal Singh v. Sarpanch Gram Panchyat Khota

2017-12-01

VIJAY BISHNOI

body2017
JUDGMENT & ORDER : VIJAY BISHNOI, J. 1. This writ petition has been filed by the petitioners being aggrieved with the order dated 22.02.2017 passed by the Additional District Collector (Administration), Sriganganagar (hereinafter to be referred as ‘revisional court’) whereby the revision petition filed by the petitioner with a prayer for cancellation of pattas issued by the Gram Panchayat Kotha to the respondent Nos. 4 to 25, has been dismissed. 2. The main contention of the petitioner is that the pattas in question were issued by the Gram Panchayat illegally from time to time on a land which is recorded as Johad in the revenue records. 3. The revisional court has called for the record of the Gram Panchayat after scrutinizing the record has held that the pattas in question were issued by the Gram Panchayat from year 1967 to 1991 and the revision petition was preferred by the petitioner after a long delay but the said delay has not been explained by the petitioner. 4. Revisional Court has also observed that to prove the fact that the land, for which the pattas in question have been issued, is a Johad land has not been proved by the petitioner by producing certified copies of the revenue record and therefore, it is difficult to ascertain whether the pattas have been issued in the land recorded as Johad or not. 5. The revisional court has partly accepted the revision petition and has issued direction to the Vikas Adhikari, Panchayat Samiti, Sriganganagar to constitute a committee, including the Revenue Department Officer, to conduct a detail investigation that whether the pattas in question have been issued in the land belonging to the Johad or not. It is further directed that if after enquiry, it is found that the pattas have been issued in a land belonging to Johad then the Vikas Adhikari may file separate revision petitions under the provisions of Rajasthan Panchayati Raj Act, 1994 before the competent forum for cancellation of pattas. 6. With those observations, the revisional court has send the record of the Gram Panchayat, Kotha to the Vikas Adhikari, Sriganganagar. 7. 6. With those observations, the revisional court has send the record of the Gram Panchayat, Kotha to the Vikas Adhikari, Sriganganagar. 7. After hearing learned counsel for the petitioner and after going through the impugned order, this Court is of the opinion that the revisional court has rightly directed to constitute a committee and to conduct detail investigation and thereafter to file separate revision petitions, if it is found that the pattas in question have been issued in a land recorded as Johad in the revenue records. 8. Hence, no interference is called for and the same is, therefore, dismissed. 9. Stay petition also stands dismissed.