Tatia, J. - (1.) THIS intra-court appeal has been preferred being aggrieved against the order passed by the Single Bench of this court in SBCWP No.488/2009 dated 23.1.2009 by which the writ petition of the appellant has been dismissed, which was preferred to challenge the order passed by the Addl. District Collector, Pali dated 21st June, 2008 wherein the writ petitioner sought relief of cancellation of patta no.13/84-85 dated 22nd July, 1984.
(2.) IT is strange that the appellant - petitioner is not satisfied with the order dated 21st June, 2008 passed by the Addl. Collector, Pali by which the appellant's revision petition preferred after delay of about 35 years from the time of issuing of Patta in favour of the respondent was dismissed after carefully considering the record of the Gram Panchayat wherein Patta was issued to the respondent on 22nd April, 1984 and that too, on the basis of his old possession of 20 to 25 years, obviously to 25 years prior to the year 1984. This finding of fact based on evidence has been challenged by filing the writ petition under Article 226/227 of the Constitution of India and the petitioner - appellant is not satisfied with the dismissal of his writ petition vide order dated 23.1.2009 wherein it has been noticed by learned Single Judge that the patta in question was issued after following the provisions under the Rules and has preferred this intra court appeal. It has been submitted by learned counsel for the appellant that no period of limitation has been prescribed under Rajasthan Panchayat Act, 1953 for preferring the revision and revisional powers can be exercised at any time. It is submitted that in a case of fraud, mis-representation, collusion it applies with more force. After going through the reasons given in the impugned orders we are of the view that the present appeal is nothing but the abuse of process of the court and the petitioner - appellant without any reason has raised objection against the Patta issued as back as more than 35 years ago. There is no material on record on the basis of which it can be even alleged that there was any fraud or collusion in obtaining the Patta in dispute by the respondent. Therefore, there is no merit in this appeal and the same is hereby dismissed.;