Sangeet Lodha, J. - (1.) THE matter comes up on an application on behalf of the respondent No. 4 & 5 under Article 226(3) of the Constitution of India for vacating the ex parte interim order granted in favour of the petitioner. However, with the consent of the learned counsel for the parties, the matter is finally heard at this stage.
(2.) THIS writ petition is directed against order dated 11.9.12 passed by the District Collector, Pali, whereby the revision petition preferred by the respondent No. 4 & 5 herein, questioning the legality of the patta issued in favour of the petitioner pursuant to resolution dated 10.1.08 adopted by the Gram Panchayat, Sanwalta, has been allowed and while cancelling the patta issued in favour of the petitioner, the matter stands remanded to Gram Panchayat, Sanwalta to pass an appropriate order after hearing both the parties, keeping in view the judgment and decree dated 23.1.08 passed by the Additional District Judge (FT), Bali in respect of the land in question. The revisional authority arrived at the finding that while issuing the patta in favour of the petitioner, the procedure laid down in this regard under Rule 140 to 157 of the Rajasthan Panchayati Raj Rules, 1996 ('the Rule of 1996'), has not been followed. The revisional authority observed that vide judgment and decree dated 23.1.08, the disputed property is held to be ancestral property of the parties, however, this aspect of the matter, has not been considered and the patta has been issued in favour of the petitioner herein without giving an opportunity of hearing to the respondent No. 4 & 5 herein.
(3.) LEARNED counsel for the petitioner contended that the revisional authority has seriously erred in holding that the procedure laid down under Rule 140 to 157 of the Rules has not been followed by the Gram Panchayat while issuing patta in favour of the petitioner. Learned counsel submitted that the petitioner made an application for regularisation of their old possession and therefore, the patta issued by the Gram Panchayat in favour of the petitioner in terms of Rule 157 of the Rules of 1996 cannot be faulted with. Learned counsel submitted that on an FIR being lodged by the respondent -Ramchandra against the petitioner and the Sarpanch of the Gram Panchayat, Sanwalta, after due investigation the police has already filed final report, which shows that the patta was issued in favour of the petitioner in accordance with law.;