MAHANT GOVERDHAN DAS Vs. REVENUE APPELLATE AUTHORITY, KOTA & ORS.
LAWS(RAJ)-1999-4-67
HIGH COURT OF RAJASTHAN
Decided on April 29,1999

Mahant Goverdhan Das Appellant
VERSUS
Revenue Appellate Authority, Kota And Ors. Respondents

JUDGEMENT

Ashok Parihar, J. - (1.) The petitioner was allotted a small portion of land measuring 46 square yards in village-Mandawar, Tehsil-Mahuwa, District Sawai Madhopur by Gram Panchayat Mandawar vide order dated 25.9.1981. The respondent No. 5 filed an appeal against the above allotment order dated 25.9.1981 before the Panchayat Samiti Mahuwa under rule 270 of the Rajasthan Panchayat and Naya Panchayat (General) Rules, 1961 (hereinafter to be referred to as the Rules of 1961) since the allotment was made without complying with the provisions of the Rules of 1961. The appeal filed by the respondent No. 5 was allowed by the respondent No. 3 vide order dated 29.11.1992 thus cancelling the patta issued by the Gram Panchayat in favour of the petitioner. It was further directed that the land in dispute be handed over to the trust in accordance with law.
(2.) Aggrieved by the order of the Panchayat Samiti respondent No. 3, the petitioner filed a revision before the Additional Collector, Karauli respondent No. 2. The said revision also came to be dismissed by the respondent No. 2 vide order dated 21.5.1984. Further revision was preferred by the petitioner before the Revenue Appellate Authority, Kota against the order of the Addl. Collector, Karauli, however, the revision was dismissed by the respondent No. 1 vide order dated 3.5.1985 on the ground that second revision before the Revenue Appellate Authority was not maintainable. The order dated 29,11.1982 passed by the Panchayat Samiti, Mahuwa, order dated 21.5.1984 passed by the Addl. Collector, Karauli and the order dated 3.5.1985. passed by the Revenue Appellate Authority, Kota are under challenge in the present writ petition.
(3.) The writ petition was admitted on 29.10.1985 and an interim order was also passed on the same date directing the respondents not to dispossess the petitioner from the disputed land and status quo was to be maintained. The stay order was confirmed on 25.8.1986.;


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