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VINIT KUMAR MATHUR
Chindra Singh – Appellant
Versus
The Upper District Collector Hanumangarh – Respondent
ORDER
1. All the above noted writ petitions arise out of a common order dated 14.11.2017 passed by Upper District Collector, Hanumangarh in the revision applications preferred by the respondent Nos. 2 and 3 Gurmej Singh & Bhajan Singh, therefore, they are being decided by this common order.
2. Heard learned counsel for the parties.
3. Learned counsel for the petitioners submits that petitioners were issued 'pattas' of the land in question way back in the year 1981. He submits that the 'pattas' of the land were issued by the concerned Gram Panchayat after taking recourse to Rule 266 of the Rajasthan Panchayati Raj (General) Rules, 1961. Learned counsel for the petitioners submits that the conditions mentioned in Rule 266 were duly complied with and, therefore, there is no infirmity in the 'pattas' of the land issued by the concerned Gram Panchayat. He further submits that there is no condition to the effect that for issuance of the patta of the land in question, there should be in existence a house. He, therefore, submits that the finding recorded by learned Revisional Authority vide its order dated 14.11.2017 is erroneous. Learned counsel submits that the petitioners are in possession
The cancellation of 'pattas' should be in accordance with Rule 266, and the decision should be reasoned and speaking.
The issuance of a Patta for installing a Cabin under Rule 157(1) of the Rajasthan Panchayati Raj Rules, 1996 is invalid without possession of an old house.
Locus standi and substantiation of challenges are crucial in writ petitions, and failure to provide evidence can lead to dismissal.
The court emphasized the importance of adherence to the provisions of Rule 157 of the Rajasthan Panchayati Raj Rules 1996 and the unjustified delay in initiating action against the petitioners.
The order of the revisional authority must contain reasons for deciding the revision petition and address the contentions raised by the petitioner.
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