IN THE HIGH COURT OF RAJASTHAN
Inderjeet Singh, J.
Hadman Ram And Others - Appellant
Versus
State Of Rajasthan, Thr. The District Collector, Jodhpur (raj.) And Others - Respondent
Civil Writ Petition Nos. 1349, 1351, 1353 of 2019
Decided On : 04-02-2019
LAND ALLOTMENT - PATTAS - CANCELLATION - DELAY IN FILING REVISION - JUSTIFICATION - RAJASTHAN PANCHAYATI RAJ ACT, 1994 - SECTION 97 - INTERPRETATION - COURT'S DISCRETION - TIME LIMIT FOR FILING REVISION - REASONABLE DELAY - BURDEN OF PROOF - PUBLIC INTEREST - WEAKER SECTIONS OF SOCIETY - PROTECTION.
Fact of the Case:
The petitioners challenged the cancellation of their land pattas by the District Collector, Jodhpur, through revisions filed after a significant delay of 9 to 10 years. The petitioners argued that the delay was unjustified and the revisional authority erred in entertaining the revisions and setting aside their pattas.
Finding of the Court:
The court held that the revisional authority acted unjustly in entertaining the revisions after a gross delay of 9 years without any justification. The court relied on the judgment of a coordinate bench in Smt. Dhagli v. State of Rajasthan & Ors., which held that a period of three years should normally be sufficient as the outer limit for entertaining a challenge to a patta or allotment.
Issues: 1. Whether the revisional authority was justified in entertaining the revisions after a significant delay of 9 to 10 years without any justification? 2. Whether the revisional authority erred in setting aside the petitioners' pattas based on disputed questions of facts?
Ratio Decidendi: 1. The court interpreted Section 97 of the Rajasthan Panchayati Raj Act, 1994, which confers revisional jurisdiction on the District Collector, and held that while the concept of delay does not strictly apply to revisional jurisdiction, the court must consider the reasons behind the delay. 2. The court held that the revisional authority has the discretion to entertain revisions beyond the three-year period, but it must be satisfied that there is a reasonable justification for the delay. The burden of proof lies on the revisionist to establish such justification. 3. The court held that in the present case, the revisionist Vikas Adhikari failed to set up a case justifying the delay of 9 years in filing the revisions. 4. The court further held that the revisional authority erred in entertaining purely disputed questions of facts and setting aside the pattas of land issued to the petitioners, who belong to the weaker sections of society.
Final Decision: The court allowed the writ petitions, quashed the impugned orders canceling the petitioners' pattas, and directed the authorities to restore the petitioners' possession of the land.
JUDGMENT
1. Learned Government Counsel Mr. Manish Patel accepts notices on behalf of the respondents.
2. With the consent of the learned counsel for the parties, the matter is being finally heard.
3. Learned counsel for the parties are in agreement that the issue involved in this writ petition is squarely covered by the judgment passed by the co-ordinate Bench of this Court in the matter of S.B. Civil Writ Petition No. 1510/2019 - "Smt. Dhagli v. State of Rajasthan & Ors." decided along with connected matters on 01.02.2019 wherein, the co-ordinate Bench of this Court has held as under:-
"The instant writ petitions have been filed by the petitioners challenging order dt.30.06.2015, 27.05.2015, 15.07.2015, 17.06.2015, 03.06.2015 & 11.12.2015 passed by the District Collector, Jodhpur whereby revision petition has been allowed and the valid pattas issued to the petitioners have been cancelled.
Learned counsel for the parties have been submitted that the similar controversy has been decided initially by this Court led by SBCWP No. 13015/2015 [Naina Ram v. State of Rajasthan & Ors.] decided by a common order dt. 20.11.2018.
Learned counsel has submitted that another identical bunch of writ petitions-SBCWP No. 841/2019 [Padma Ram v. State of Rajasthan & Ors.] and other connected writ petitions were decided by this Court on 17.01.2019. The order passed by this Court in SB CWP No. 841/2019 [Padma Ram v. State of Rajasthan & Ors.] and another connected writ petitions is quoted hereunder:-
While deciding the identical bunch of writ petitions, this Court held as under:-
"Learned counsel Mr. Paramveer Sikngh Champawat and Mr. Tribhuvan Singh, Advocates representing the petitioners vehemently and fervently urged that the District Collector committed grave error in facts as well as in law while entertaining the revisions in question. The petitioners were in peaceful possession of the land under the questioned pattas for nearly 9 to 10 years before the revisions came to be instituted. The pattas were lawfully issued to the petitioners as per their after making due enquiry and following the requisite procedure provided under the Panchayati Raj Act and the Land Allotment Rules. The revisional authority went on to delve into disputed questions of facts and proceeded to quash the pattas of land lawfully issued to the petitioners without any justification whatsoever. He further submitted that the entire action was perpetrated at the instance of the JDA, which was bent upon to usurp the land in question lawfully owned by the petitioners for the purpose of establishing Sardar Patel Police University. He further urged that in view of the Full Bench decision in the case of Tara & Ors. v. State of Rajasthan & Anr. reported in 2015 (3) WLN 197 (Raj.), the revisions were liable to be dismissed as being time barred. On these grounds, learned counsel for the petitioners craved quashing of the impugned orders and acceptance of the writ petitions.
Per contra, Mr. Manish Patel, learned AGC representing the Panchayati Raj Department, has vehemently and fervently opposed the submissions advanced by the petitioners counsel. He submitted that the disputed pattas were issued in favour of the petitioners without following the due process of law and as such, the District Collector was absolutely justified in quashing and setting aside same by the impugned order, which as per Mr. Patel, does not suffer from any illegality or infirmity warranting interference therein.
I have given my thoughtful consideration to the arguments advanced at bar and gone through the material available on record.
The first and foremost circumstance, which convinces the court that the revisional authority acted totally in an unjust manner while entertaining the challenge to the subject pattas is that the revisions came to be instituted after nearly 9 to 10 years after the date of issuance of the pattas in question and that too at the instance of the Vikas Adhikari concerned. No reason or cause was set
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