ALOK SHARMA,J. - (1.) Under challenge is the permission to construct issued on 23.09.2011 by the Nagar Palika Municipal Board Kumher in respect of the parcel of land in Mukhya Bazar Sunar Gali Kumher and proposal for issue of patta for the aforesaid parcel of land drawn by the Municipal Board Kumher on 11.02.2013 for the benefit of the respondent no.3-Sohan Singh. The order dated 26.09.2016 is also under challenge passed by the Director, Local Bodies in revision against the proposal dated 11.02.2013. On challenge made by the petitioner both to the permission for construction dated 23.09.2011 and proposal dated 11.02.2013 whereby the revision has been dismissed.
(2.) In the course of the hearing of this petition Mr. Jinesh Jain appearing for the Executive Director, Municipal Board Kumher submitted that following the proposal dated 11.02.2013 a patta has come to issue in respect of the land in dispute to the respondent no.3 on 20.06.2013. He submitted that the said order is not under challenge and for which the petitioner is aggrieved. He should lay a challenge to the said order before the Competent Civil Court.
(3.) Mr. Nripendra Sinsinwar appearing for the petitioner submitted that the mere issue of the patta dated 20.06.2013 on the strength of avoid resolution taken by the Municipal Board Kumher on 11.02.2013 on the basis of fraud at the instance of the respondent no.3 in submitting the false affidavit cannot be a ground for non-suiting the petitioner in this petition. He submitted that the Executive Officer Municipal Board Kumher under his order dated 05.05.2015 to the Senior Local Officer Local Self- Government Department at Jaipur has on record stating that the patta in respect of respondent no.3 on the basis of his false affidavits despite the pendency of the suit between the petitioner and the respondent where the order of status quo has been passed. He further submitted that this being the view of the Municipal Board, Kumher it is incumbent upon it to file a civil suit for cancellation of the patta dated 20.06.2013 has been fraudulently procured.;