Ajay Rastogi, J. - (1.) INSTANT petition is directed against the order passed by the learned Additional Collector, Second, Jaipur dt. 20.3.2001 setting aside the Patta issued in favour of the petitioner over Khasra No. 199. 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 (Rule 1961).
(2.) 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. 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.
(3.) 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.;