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2022 Supreme(Raj) 1487
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
Sandeep Mehta, Kuldeep Mathur, JJ.
Gram Panchayat, Mandar – Appellant
Versus
State Of Rajasthan & Ors. – Respondents
D.B. Spl. Appl. Writ No. 381/2022
Decided On : 16-08-2022
Mr. Teja Ram, Advocate, for the Appellant
Mr. B.S. Sandhu, Mr. Shreyansh Mardia, Advocate, for the Respondent
The court emphasized the significance of revenue entries in determining land ownership and the limitations of the Gram Panchayat's authority in deciding such matters.
Headnote:
Revenue Entries - Land Ownership Dispute - The court held that the revenue entries in the name of the petitioner created no doubt with respect to the title of the land, and the Gram Panchayat had no authority to decide the question of the revenue entries. The petitioner was directed to consider the application for construction afresh within a specified period, subject to the outcome of pending revenue suits.
Fact of the Case:
The court considered an appeal filed by the Gram Panchayat against a writ petition allowing the respondent to raise construction on a piece of land based on revenue entries in the respondent's name.
Finding of the Court:
The court found that the revenue entry stood in the name of the respondent, granting them the right to raise construction, subject to pending revenue suits. The court dismissed the appeal, upholding the writ petition's decision.
Issues: Dispute over land ownership and construction permission, authority of Gram Panchayat, pending revenue suits, and public interest in case of adverse revenue litigation.
Ratio Decidendi: The revenue entries in the name of the petitioner created no doubt with respect to the title of the land, and the Gram Panchayat had no authority to decide the question of the revenue entries. The petitioner was directed to consider the application for construction afresh within a specified period, subject to the outcome of pending revenue suits.
Final Decision: The court dismissed the appeal, upholding the writ petition's decision, and found no error, illegality, or infirmity in the impugned order.
JUDGMENT
1. The appellant Gram Panchayat, Mandar, has filed the instant intra court appeal being aggrieved of the order dated 12.04.2022 passed by learned Single Bench, accepting the writ petition filed by the respondent No.2 - Shri Mandar Jain Sangh in the following manner:-
"The revenue record placed before this Court shows that the last entry as per revenue record is in the name of Panch Mahajan Khatedar and, therefore, as per the revenue authorities, the petitioner is the person who is holding the right title and ownership of the subject piece of land. It is also noted that an application preferred by certain villagers under Section 136 of the Land Revenue Act, 1956 was rejected against which an appeal has been preferred and the proceedings are pending at the appellate stage. Further proceedings with respect to the conversion order dated 15.09.2014 is also pending before the Board of Revenue, Ajmer.
Thus, the revenue entries in the name of petitioner as stand today creates no doubt with respect to the title of the land in question. It is also noted that the Panchayat has no authority to decide the question of the revenue entries as the same lies in the domain of the revenue authority of the State of Rajasthan. The subject matter of the dispute between the petitioner and the respondent is only with respect to the grant of permission for construction of building and, therefore, the respondent- Panchayat was not vested with the powers to raise the question or decide the same about the revenue entries and the title of the subject piece of land. The respondent - Gram Panchayat is well within their right to grant or not to grant the permission within the framework of the provisions of law.
In view of the discussions made above, the writ petition is allowed and the order dated 04.05.2018 passed by the Additional District Collector, Sirohi as well as interim order dated 23.06.2015 passed by Gram Panchayat, Mandar are quashed and set-aside. The respondent - Gram Pacnahayat, Mandar is directed to consider the application for raising construction submitted by the petitioner afresh within a period of eight weeks from the date of receipt of the application in accordance with law as per the existing revenue records placed before them.
It is also made clear that any construction activities undertaken by the petitioner will be subject to the out come of the proceedings pending before the revenue authorities and the Board of Revenue. If the revenue suits are decided against the petitioner, the construction raised on the subject piece of land shall be used for the larger public interest of the villagers."
2. Shri Teja Ram, learned counsel representing the appellant, vehemently and fervently urged that the original entry qua the land in question as per the revenue record for the Samvat years 2016-2019 would indicate that the land in question was of Mafi Dharmada category and had been gifted to the Panch Mahajanan for public purposes. However, by inadvertent error, in Samvat years 2014-2025 and years 2024-2027, the words Mafi Dharmada were deleted and the entry was made exclusively in the name of Panch Mahajanan. He urges that Gram Panchayat has already moved an application for rectification of error in the revenue entry. The matter is coming up for consideration before the competent forum shortly hereinafter. He thus, urges that till the list pending before the Revenue Courts is decided, the respondent Shri Mandar Jain Sangh should be restrained from raising construction on the land in question.
3. Per contra, learned counsel Shri B.S. Sandhu and Shri Shreyansh Mardia representing the respondent Shri Mandar Jain Sangh, submitted that the learned Single Bench has passed a very equitable order wherein, it has been observed that as on date, the title of the land in question vests in the writ petitioner, who has been allowed to raise construction on the land in question after seeking permission of the Gram Panchayat, Mandar. It is further been clarifie
