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ALOK SHARMA
Gulam Jilanee S/o Gulam Sarvar – Appellant
Versus
Director Of Local Self Government Department – Respondent
Certainly. Based on the provided legal document, here are the key points:
The petitioner was issued a registered patta by Nagar Palika, Fatehpur, on 7.5.1997, which was subsequently used as the basis for permission to construct on the property (!) .
An appeal was filed by respondent no. 5 challenging the validity of the registered patta. The District Collector, Sikar, quashed the patta and remanded the matter to the Nagar Palika for reconsideration after inspection and assessment of the property’s eligibility for allotment (!) .
The petitioner challenged the District Collector’s order through a revision under Section 327 of the Rajasthan Municipalities Act, 2009, which was dismissed by the Director of Local Bodies as not maintainable (!) .
The court held that the order of the District Collector cancelling the registered patta was without jurisdiction because the Collector did not have the authority under the relevant law to cancel a registered lease deed, as that authority was limited to proposals before registration or lease proposals, not post-registration cancellations (!) (!) .
The court emphasized that a registered lease deed cannot be canceled by administrative authority but only through a civil suit in a competent court, based on legal principles and relevant judgments (!) .
The court found that the cancellation order was wholly without jurisdiction and accordingly quashed it. The respondent no. 5 was advised to pursue civil remedies if available, including seeking cancellation through a civil suit, and to challenge any approvals of building plans in accordance with law (!) .
The writ petition was allowed, confirming that the administrative order of cancellation was invalid and that the petitioner’s rights under the registered patta remained intact (!) .
Please let me know if you need further analysis or assistance.
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 There for 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
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