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PUSHPENDRA SINGH BHATI
Sarpanch, Gram Panchayat Tangla – Appellant
Versus
Ramlal Chhaba S/o Bhanwarlal Chhaba – Respondent
JUDGMENT :
1. These writ petitions under Article 226/227 of the Constitution of India have been preferred claiming the following reliefs:
“It is, therefore, most humbly and respectfully prayed that your Lordship may kindly be pleased to allow this writ petition and by an appropriate writ, order or directions:-
(i) to quash and set aside the order dated 03.01.2023 (Annex.-8) passed by CJ&JM, Jayal passed in application Order 39 Rule 1 & 2.
(ii) to quash and set aside order dated 16.01.2023 (Annex.-9) passed by ADJ No.1, Nagaur in Appeal No.01/23.
(iii) Petitioners may kindly be permitted to construct the community hall as they are rightful and legal owner of land belonging to the Patta No.25/50 issued by Bugarada Gram Panchayat.
(iv) any other appropriate writ, order or direction, which this Hon’ble Court may deem fit and appropriate in favour of the petitioner may also kindly be passed in the interest of justice; and
(v) cost of litigation may kindly be ordered to be awarded in favour of petitioners.”
S.B. Civil Writ Petition No. 3037/2023:
“It is, therefore, most humbly and respectfully prayed that this writ petition may kindly be allowed and by an ap
Point of law: Land cannot be utilized for any other purpose, except for grazing cattle as ‘mandabayalu’ and no change of classification of the land in Sy.No.74/3 is for ‘mandabayalu’ into ‘assessed w....
The main legal point established in the judgment is that once the Settlement Officer's order reached finality, issuing Patta for the same land on different grounds is not sustainable in the eye of la....
Point of law: none of the petitioners approached this Court with clean hands and thereby committed as many errors as possible in making requests, payment of land revenue etc. Such an issue cannot be ....
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.
Authority must avoid unjust cancellation of property rights without valid reasons, emphasizing the necessity for resolution of title disputes in civil courts as mandated by law.
The judgment underscores the importance of revenue records in establishing land ownership and the burden on the government to prove its title in land disputes.
Revenue Authorities cannot adjudicate title disputes, requiring resolution in civil court; decisions must include sufficient reasoning to uphold property rights.
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