GULAM JILANEE Vs. DIRECTOR OF LOCAL SELF GOVERNMENT DEPARTMENT
LAWS(RAJ)-2018-2-27
HIGH COURT OF RAJASTHAN (AT: JAIPUR)
Decided on February 02,2018

Gulam Jilanee Appellant
VERSUS
Director Of Local Self Government Department Respondents

JUDGEMENT

ALOK SHARMA,J. - (1.) The facts of the case are that the petitioner was issued a patta by Nagar Palika, Fatehpur which was registered on 7.5.1997 before the jurisdictional Sub-Registrar. Pursuant to his title over the property under the registered patta, on 25.2.2016 petitioner was granted permission by Nagar Palika, Fatehpur- Shekhawati, District Sikar to raise construction as the map therefor was approved.
(2.) A challenge to the registered patta dated 7.5.1997 came to be laid by respondent no. 5 - Mohammad Hussain by way of an appeal before District Collector, Sikar. Vide the impugned order dated 10.5.2016, the District Collector, Sikar has quashed and set-aside the registered patta / lease deed dated 7.5.1997 and remanded the matter to the Nagar Palika, Fatehpur for consideration of the matter of grant of patta to the petitioner afresh after inspection of the plot in issue and determining as to whether it could at all be allotted to the petitioner. Aggrieved of the Collector's order dated 10.5.2016, the petitioner approached the Director, Local Bodies by way of a revision under Section 327 of the Rajasthan Municipalities Act, 2009 (hereafter 'the Act of 2009'). The said revision has however been dismissed by Director, Local Bodies on the ground that it was not maintainable. Hence this petition.
(3.) Mr. Kapil Bardhar appearing for the petitioner submitted that the challenge in the petition be confined to the order dated 10.5.2016 passed by the District Collector, Sikar as there is no legal necessity to impugn the order dated 24.5.2016 passed by Director, Local Bodies for the reason that it merely states that revision under Section 327 of the Act of 2009 against the order dated 10.5.2016 passed under Section 73(2) of the Act of 2009 was not maintainable.;


Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.