Sangeet Lodha, J. - (1.) THIS writ petition is directed against order dated 20.6.12 passed by the District Collector, Bikaner, whereby the revision petition preferred by the first respondent questioning the legality of the patta of a plot issued in favour of the petitioner, has been allowed and consequently, the patta issued in favour of the petitioner, stands cancelled.
(2.) LEARNED counsel for the petitioner contended that the patta of the plot in question has been issued by the Gram Panchayat, Nalbadi, in favour of the petitioner after following the procedure laid down under the provisions of Rajasthan Panchayat (General) Rules, 1961 (for short "the Rules of 1961") and therefore, the order impugned passed by the revisional authority cancelling the patta is not sustainable in the eyes of law. Learned counsel submitted that the revision petition questioning the legality of the patta issued in favour of the petitioner was filed by the first respondent, after a lapse of more than five years and therefore, the revision petition was liable to be dismissed on this count alone. In support of the contention, learned counsel has relied upon decisions of this court in the matter of "Abdul Latif & Anr. vs. State & Ors.",, 2008 (2) DNJ (Raj.), 735 and "Ramkishan Vs. State of Rajasthan" (D.B. Civil Special Appeal No. 120/12 and other connected special appeals), decided vide order dated 29.3.11. On the other hand, the Additional Government Counsel submitted that admittedly, the patta was issued in favour of the petitioner by the Gram Panchayat, Nalbadi, by adopting a resolution in its meeting held on 5.2.04, while taking proceedings under the provisions of Rules of 1961, which stand repealed by virtue of Rule 374 of Rajasthan Panchayati Raj Rules, 1996 (for short "the Rules of 1996"), which have come into force w.e.f. 30.12.96 and therefore, the revisional authority has committed no error in cancelling the patta issued in favour of the petitioner. Learned counsel submitted that there was no evidence available on record showing the existence of old constructed house over the plot in question yet, the patta has been issued by the Gram Panchayat in favour of the petitioner by private negotiation in terms of Rule 266 of the Rules, by charging a meagre amount of Rs. 200/ -, which is ex facie illegal.
(3.) I have considered the rival submissions and perused the material on record.;