MOHAN KANWAR AND ORS. Vs. THE ADDITIONAL DISTRICT COLLECTOR PALI AND ORS.
LAWS(RAJ)-2018-1-199
HIGH COURT OF RAJASTHAN
Decided on January 02,2018

Mohan Kanwar And Ors. Appellant
VERSUS
The Additional District Collector Pali And Ors. Respondents

JUDGEMENT

VIJAY BISHNOI,J. - (1.) This writ petition has been filed on behalf of the petitioner being aggrieved with the order dated 28.6.1997 passed by the Additional District Collector, Pali (for short 'the revisional court') in revision petition No. 130/95 whereby, the revision petition filed by the petitioner has been dismissed.
(2.) The petitioner has also challenged the order dated 11.9.95 passed by the Panchayat Samiti, Sojat in an appeal preferred on behalf of the respondent Chandu son of Rawat Ram whereby, while accepting the appeal, the Panchayat Samiti, Sojat has cancelled the Patta issued in favour of the petitioner on 10.2.1968 by the Gram Panchayat Chandawal.
(3.) Brief facts of the case are that respondent Chandu has filed an appeal before the Standing Committee, Sojat challenging the Patta issued in favour of the petitioner on 10.2.1968 by the Gram Panchayat Chandawal on the ground that the said Patta has been issued for the land, for which, Patta has already been issued in his favour in the year 1965. The Standing Committee of the Gram Panchayat after taking into consideration the record of the Gram Panchayat and after inspecting the site has given a specific finding that the Patta was issued in favour of respondent Chandu in the year 1965 for the land adjoining to the road and there is no space in between the road and the land, for which, the Patta has been issued in favour of respondent Chandu, therefore, the action of the Gram Panchayat, Chandawal of issuing Patta dated 10.2.1968 in favour of the petitioner is illegal. The Standing Committee of the Panchayat Samiti has also observed that the then Sarpanch of the Gram Panchayat has illegally issued Patta dated 10.2.1968 in favour of the petitioner, who happened to be his daughter, without ascertaining the fact that whether any land is lying as 'padat' in between the road and the land of the respondent Chandu.;


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