The order of the revisional authority must contain reasons for deciding the revision petition and address the contentions raised by the petitioner.

ORDER

1. The case is listed in the 'orders' category, however, with the consent of learned counsel for the parties, the matter is being heard and decided finally today itself.

2. The present writ petition has been filed against the order dated 21.01.2014 passed by the District Collector, Chittorgarh deciding the revision petition filed by the petitioner.

3. The brief facts to be noted in the present case are that a patta was issued in favour of the respondent No.3 on 06.12.2001 considering the respondent No.3 being eligible for issuance of such patta by the Panchayat. The patta issued in favour of the respondent No.3 is stated to be of a Charnot land and the same could not have been issued. In these circumstances, the petitioner preferred a revision petition before the District Collector, Chittorgarh under Section 97 of the Rajasthan Panchayati Raj Act, 1994. The District Collector, Chittorgarh vide order dated 21.01.2014 has rejected the revision petition preferred by the petitioner. Aggrieved of the same, the present writ petition has been filed.

4. Learned counsel for the petitioner submits that as per Annexure-1, a patta of land measuring 140 ft.x 50 ft. has been issued to the respondent No.3 on 06.12.2001 but the same does not bear any signatures of Sarpanch who is the issuing authority. He submits that as per the revenue records produced before this Court, the subject piece of land is a Charnot land and, therefore, the same cannot be allotted to the respondent No.3. Learned counsel further submits that the revisional authority has passed the order without considering the submissions made before it and a bare perusal of the order goes to show that no reasons have been recorded while rejecting the revision petition of the petitioner. He, therefore, prays that the order dated 21.01.2014 passed by the District Collector, Chittorgarh may be quashed and set aside and the patta issued in favour of respondent No.3 may also be canceled.

5. Per contra, learned counsel for the respondents submit that the patta has correctly been issued by the Gram Panchayat, Arnia Joshi after following due process of law. Learned counsel, while supporting the order passed by the District Collector, Chittorgarh vide order on 21.01.2014, submit that the revisional authority has carefully considered the record of the Gram Panchayat placed before it and has rightly come to the conclusion that the patta issued in favour of respondent No.3 does not suffer from any infirmity. Learned counsel for the respondents, therefore, submit that the writ petition may be dismissed.

6. I have considered the submissions made at the Bar and gone through the order dated 21.01.2014 passed by the District Collector, Chittorgarh and other relevant material available on record.

7. A bare perusal of the order dated 21.01.2014 goes to show that no reasons have been assigned by the revisional authority while rejecting the revision petition and it has only been stated that he has gone through the record of the Gram Panchayat, Arnia Joshi produced before it and has considered the same. The revenue record produced before this Court (Annex. 2) shows that the land allotted to respondent No.3 is a Charnot land, whereas it has been recorded by the revisional authority that no document has been produced with respect to the land being Charnot land.

8. In the totality of facts and circumstances of the case, this Court finds that the order passed by the revisional authority does not contain reasons for deciding the revision petition nor the contentions raised by the petitioner have been dealt with in the order passed on 21.01.2014.

9. In view of the discussions made above, the writ petition is allowed. The order dated 21.01.2014 passed by the District Collector, Chittorgarh is not sustainable and is, therefore, quashed and set aside. The matter is remanded back to the District Collector, Chittorgarh for deciding the same afresh by passing a reasoned and speaking order. Needless to say that the ord