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AUGUSTINE GEORGE MASIH, VINIT KUMAR MATHUR
Roshan Lal S/o Shravan Kumar Khariwal – Appellant
Versus
State of Rajasthan – Respondent
JUDGMENT :
1. Challenge in this appeal is to the order passed by the learned Single Judge dated 22.04.2022 whereby the writ petition preferred by petitioner-present appellant challenging the order dated 10.01.2022 passed by the Additional District Collector, Bhilwara in revision petition filed by the respondents no. 4 and 5 challenging the petitioner’s patta, has been dismissed.
2. Learned counsel for the appellant submitted that the onus with regard to there being a document available was on the Gram Panchayat and since the records were not available, the appellant cannot be made to suffer. His assumption is that as per Rule 266 of the Rajasthan Panchayat (General) Rules, 1961 (for short ‘the Rules of 1961’) the terminology used is ‘Panchayat’ and therefore the Sarpanch would be the competent authority to sign the document. The patta which was issued in favour of the appellant on 25.04.1984, being in accordance with the Rules of 1961, the same should have been accepted as there was no illegality in the issuance of such patta.
3. Assertion has also been made that there is no bar as far as the allotment of the Panchayat land for industrial purposes is concerned. He, on this basis, cont
The cancellation of 'pattas' should be in accordance with Rule 266, and the decision should be reasoned and speaking.
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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