VIJAY BISHNOI,J. - (1.) The matter comes up for consideration of application preferred on behalf of the respondent No.3 under Article 226(3) of the Constitution of India with a prayer for vacating the ex parte interim order dated 17.12.2015. With the consent of learned counsel for the parties, the matter is heard and decided today itself.
(2.) This writ petition has been filed on behalf of the petitioners being aggrieved with the order dated 18.11.2015 passed by the Addl. District Collector, Hanumangarh (for short 'the revisional authority') whereby, the revision petition filed by the respondent No.3 Ram Kumar has been allowed and the Patta issued in favour of the petitioners by the Gram Panchayat Pakka Sarna vide resolution No.3 dated 6.9.1986 has been cancelled.
(3.) Learned counsel for the petitioners has vehemently argued that the revisional authority has grossly erred in entertaining the revision petition filed by the respondent No.3 Ram Kumar after a delay of 13 years. He has placed reliance on the decisions of this Court rendered in the case of Sua Lal & Ors. Vs. State of Rajasthan & Ors., reported in 1999 DNJ (Raj.) 103; Brij Lal Vs. The State of Rajasthan & Ors., reported in 1999 DNJ (Raj.) 437 and Rameshwar Vs. State & Ors., reported in 1999 DNJ (Raj.) 781. Learned counsel for the petitioners has further argued that the revisional authority has not conducted any enquiry to ascertain the fact whether the Patta in question was issued in favour of the petitioners for a land, which is recorded as a public way. It is submitted that the land, for which, Patta was issued in favour of the petitioners way back in the year 1986 was not a public way and the same was a strip of land, which has been allotted by the Gram Panchayat after following the due procedure of law as provided in Rajasthan Panchayat General Rules, 1961 (hereinafter to be referred as the Rules of 1961) prevailing at that time. It is also argued that the revisional authority without appreciating the correct factual status has illegally passed the impugned order. ;