SANGEET LODHA
Mohan Lal – Appellant
Versus
State of Rajasthan – Respondent
Certainly. Based on the provided legal document, here are the key points:
The dispute concerns the issuance and cancellation of a land patta, with proceedings under the Rajasthan Panchayati Raj Act, 1994, and related rules (!) (!) .
The petitioner was originally issued a patta in 1986, which was registered in 1991, and he had constructed on the land after obtaining permission (!) .
The respondent, Smt. Parwati Devi, had a patta issued in her favor in 1967, which was later canceled by the revisional authority in 2003, leading to remand for proper disposal of the land (!) (!) .
The petitioner challenged the cancellation of his patta through revision petitions, which were allowed by the revisional authority, resulting in the cancellation of the respondent's patta and remanding the matter for disposal (!) (!) .
The petitioner filed a writ petition before the court, which was pending at the time of the revision proceedings concerning the same land (!) .
The revision petition filed by the petitioner in 2012, relating to the patta issued in his favor in 2012, was dismissed by the District Collector on the grounds of limitation and pending court proceedings (!) .
The court observed that there is no specific limitation period prescribed for filing revision petitions under the relevant section of the Act; however, if a three-year limitation is considered, the petition was not barred, as the cause of action relates to the date of issuance of the patta, not the resolution date (!) .
The court noted that even the original patta issued in 1967 was set aside in a previous revision, indicating that the limitation argument is not sustainable (!) .
The court emphasized that the pendency of the writ petition does not bar the revision petition, especially since the land in question is part of the matter pending before the court, and the petitioner has the right to challenge the respondent's patta (!) .
Ultimately, the court found that the revision petition deserved to be allowed and remanded the matter to the revisional authority for a fresh decision on merits, after hearing the parties (!) (!) .
The order passed by the District Collector dismissing the revision was set aside, and the case was remanded for reconsideration in accordance with law (!) .
The legal proceedings highlight the importance of considering the timing of issuance of patta and the impact of pending court cases on revision and appellate processes (!) (!) .
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Sangeet Lodha, J.
This writ petition is directed against order dated 31.12.12 passed by the District Collector, Bhilwara, whereby the revision petition preferred by the petitioner questioning the legality of patta dated 28.5.12, issued in favour of the respondent Smt. Parwati Devi, by Gram Panchayat, Tharoda, stands dismissed.
2. The relevant facts are that the petitioner was issued a patta of the land ad measuring 17860 sq. ft. situated in Naya Gaon (Manikya Nagar) by Gram Panchayat, Tharoda, on 28.8.86, which was duly registered on 10.1.91. The petitioner proceeded to raise construction over the plot after obtaining permission from the Gram Panchayat, however, the construction sought to be raised was obstructed by the respondent-Smt. Parwati Devi, claiming title over a portion of the said plot measuring 50x50 sq. ft., on the strength of the patta issued in her favour by the Gram Panchayat on 7.3.67. The petitioner questioned the legality of the patta issued in favour of respondent-Smt. Parwati Devi by way of a revision petition before the Additional District Collector, Bhilwara. The revision petition was allowed by the revisional authority vide order dated 3.8.03 and the
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