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.

ORDER :

1. The present writ petition has been filed under Article 226 and 227 of the Constitution of India with the following prayer:-

a) that by an order, writ or direction may kindly be issued and the Order dated 17.03.2020 (Annexure-16) passed by learned Additional Collector, First, Jodhpur in proceeding No.44/2019 titled as Chain Bhartati Vs. Una Lal (Annexure- 15) may kindle be quashed and set aside.

b) That by an order, writ or direction the entire proceeding of Revision Petition No.44/2019, titled as “Chain Bharati Vs. Una Lal (Annexure-15) may kindly be declared illegal, without jurisdiction and further same may kindly be quashed and set aside.

c) Any other order or direction relief which this Hon’ble Court deem just and proper may also be granted in favour of the petitioner.”

2. Brief facts of the case are that the father and grandfather of the petitioners are having the possession over a piece of abadi land at Luni from last 100 years. On 25.05.2001, an application was submitted by Shri Paru Ram for obtaining the Patta of the parental land before the Gram Panchayat Luni. After completion of the proceedings, the Gram Panchayat issued Patta No.53 in favour of the petitioners by way of proposal No.7 dated 20.05.2003. The respondent No.3-Chain Bharti filed a revision petition under Section 97 of the Panchayat Raj Act, 1994 in the year 2012 before the Additional Collector (I), Jodhpur on the ground that the land in question did not vest in the abadi at the time of issuance of the Patta. As the revision petition was preferred by the private respondent after a period of nine years, an application under Section 5 of the Limitation Act was also preferred. The petitioner submitted all the relevant documents before the Revisional Court. On 19.05.2014 (Annexure-8), the Revisional Court passed an order for site inspection of the land in question. On 15.12.2014, the Additional Collector (I), Jodhpur passed an order while giving certain direction to the concerned authorities for conducting an enquiry for the said land in question. In pursuance of the said order, an enquiry was initiated and a report was placed before the Office of Additional Collector (I), Jodhpur on 11.01.2016 (Annexure-11). Further, the Chief Executive Officer, Zila Parishad sent a communication to Vikas Adhikari, Luni with a direction to conduct a detailed enquiry. The Additional Collector also sent a communication dated 17.03.2016 (Annexure-13) to the Vikas Adhikari Panchayat Samiti, Luni for taking appropriate steps. Thereafter, the private respondent filed an application before the Addition Collector (I), Jodhpur on 29.03.2019 for calling the enquiry report from the concerned authority. Upon such application, the Additional Collector (I), Jodhpur registered a review application and petitioner was served upon notices. The Additional Collector (I), Jodhpur passed an order dated 17.03.2020 (Annexure-16) while directing the concerned authorities to cancel the Patta issued in favour of the petitioners. Being aggrieved of the same, the present writ petition has been filed by the petitioners.

3. Learned senior counsel for the petitioners submit that the petitioner and their father and grandfather have been in possession of the land in dispute since last 100 years and are enjoying a peaceful possession of the same and upon which a house has also been constructed by them. Learned senior counsel for the petitioners also submit that the petitioners have been issued the Patta in light of Rule 157 of the Rajasthan Panchayati Raj Rules 1996 (hereinafter the rules of 1996) which pertains to regularisation of old houses and thus, the respondents while adhering to the provisions as laid down under Rule 157 of the rules of 1996 have issued the Patta in favour of the petitioners and thus, the same ought not to be cancelled by the respondents. Learned senior counsel for the petit