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2021 Supreme(Raj) 470

SANGEET LODHA, DEVENDRA KACHHAWAHA
Hanumana Ram – Appellant
Versus
District Collector – Respondent


Advocates appeared:
Mr. R.S.Choudhary, Mr. S.S.Gour, for the Appellant; Mr. Sunil Beniwal, AAG, Mr. Utkarsh Singh, Mr.K.R.Saharan, Gram Panchayat, Jhariya, Mr.R.P.Singaria, for the Respondent.

JUDGMENT

Sangeet Lodha, J. - These intra-Court appeals are directed against common order dated 20.12.17 passed by the learned Single Judge of this Court, whereby the writ petitions preferred by the appellants herein, assailing the order dated 11.10.17 passed by the District Collector, Churu under Section 97 of the Rajasthan Panchayati Raj Act, 1994 (for short "the Act of 1994"), in Revision Petition Nos. 3/2017, 4/2017, 5/2017, 6/2017 & 7/2017, have been dismissed.

2. The appellants challenged the legality of the pattas issued in favour of the private respondents herein by the Gram Panchayat, Jhariya of residential land inter alia on the ground that the respondents already having the residential plots were not entitled for allotment of the land under the provisions of Rajasthan Panchayati Raj Rules, 1996 (for short "Rules of 1996"). That apart, it was contended that the land in question forms part of the land of johar paitan ad measuring 114 bighas 18 biswas, comprising khasra no.95, which on account of prohibition contained in Section 16 of the Rajasthan Tenancy Act, 1955 (for short 'the Act of 1955') could not have been divested for expansion of abadi.

3. The revision petitions were

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