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NUPUR BHATI
Una Lal S/o Late Shri Paru Lal – Appellant
Versus
State Of Rajasthan – Respondent
ORDER :
1. The present writ petition has been filed under Article 226 and 227 of the Constitution of India with the following prayer:-
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.
Locus standi and substantiation of challenges are crucial in writ petitions, and failure to provide evidence can lead to dismissal.
The central legal point established in the judgment is the protection of land forming part of johar paitan from being divested for any other use, as specified under Section 16 of the Act of 1955, and....
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.
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