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2016 Supreme(Raj) 1026

NIRMALJIT KAUR
Shanti Devi wife of Shri Bhakhar Ram – Appellant
Versus
State of Rajasthan through District Collector, Barmer – Respondent


Advocates:
Advocate Appeared:
For the Petitioners:Mr. G.R. Punia, Sr. Advocate assisted by Mr. R.J. Punia
For the Respondents: Mr. Sunil Beniwal

JUDGMENT :

1. All the above-mentioned writ petitions shall stand decided by a common order as the issue involved is identical. For convenience, the facts are being taken from S.B. Civil Writ Petition No.8148/2012.

2. The prayer in the present writ petition is to set aside the order dated 20.06.2012 passed by the District Collector, Barmer vide which he has cancelled the Patta issued in favour of the petitioners. Patta was issued to the petitioner on 20.12.2008 (Annex.1) by the Gram Panchayat for the land measuring 1500 sq. feet under the Rajasthan Panchayati Raj Rules, 1996. The respondent No.3 filed a complaint/revision petition before the District Collector, Barmer for cancellation of Patta issued in favour of the petitioner on 20.10.2010 alleging that the Patta was issued to the petitioner in a fraudulent manner and in violation of the provisions laid down under the Rajasthan Panchayati Raj Act, 1994 and Rules of 1996. Notices were issued to the petitioner and Gram Panchayat on 22.10.2010. The Gram Panchayat did not appear despite service. However, the District Collector after hearing the learned counsel for the parties, cancelled the Patta vide impugned order dated 20.06.2012.

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