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2017 Supreme(Raj) 1113

SANGEET LODHA
Jhumar Ram s/o Bhoora Ram – Appellant
Versus
Additional Distt. Collector (Second) – Respondent


Advocates:
Advocate Appeared:
For the Petitioners:Mr. C.R. Jakhar, Advocate
For the Respondents:Mr. S.M. Parihar, Advocate

ORDER :

Mr. Sangeet Lodha, J.

1. This writ petition is directed against order dated 31.7.13 passed by the Additional Collector (Second), Jodhpur, whereby the revision petition preferred by the third respondent questioning the legality of patta of a plot measuring 10200 sq. ft. issued in favour of the petitioner by Gram Panchayat, Bhopalgarh has been allowed and the patta issued stands cancelled.

2. The relevant facts are that the petitioner made an application to the Gram Panchayat, Bhopalgarh under Rule 157 of Rajasthan Panchayati Raj Rules, 1996 (for short “the Rules”), for grant of patta of a ‘bara’ alleged to be in his long possession. The legality of the patta issued was questioned by the third respondent by way of revision petition before the Additional Collector (Second), Jodhpur on various grounds. After due consideration, the revisional authority arrived at the finding that there was nothing on record suggesting that an old residential house constructed by the petitioner herein was existing on the site and thus, no proceedings for issuing the patta under Rule 157 of the Rules could have been initiated by the Gram Panchayat. The revisional authority found that as a matter of f












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