Honble RAFIQ, J.—Challenge in this writ petition has been made to the judgment dated 19.6.2002 passed by Additional District Collector, Sawai Madhopur whereby he allowed the revision petition of the respondent No.1 and cancelled the patta issued in favour of the petitioner by Gram Panchayat and challenge has also been made to the judgment dated 16.3.1992 in so far as it seeks to declare Raghunandan Singh, the then Sarpanch of the Gram Panchayat as khatedar of the land of Khasra No. 1293. The petitioner Jaipur Vidyut Vitran Nigam Ltd. needed a land for erecting its Grid sub-section at Talawada in District Sawai Madhopur. The then Sarpanch of the Gram Panchayat, Talawada, Raghunandan Singh voluntarily offered to transfer the land measuring about 1½ bigha to the Rajasthan Electricity Board out of land comprising of Khasra No. 117. Khasra No.117 was then recorded as Sawai Chak in revenue record. Dimension of the land allotted was 75 yards east-west and 60 years north-south totalling to 4500 sq. yards. Patta in favour of the Rajasthan State Electricity Board was issued by the Gram Panchayat on 21.12.1982 which has been placed on record at Annexure-1. The patta was issued in accordance with the provisions of Rule 266 of the Rajasthan Panchayat & Nyaya Panchayat General Rules, 1961 under the signature of the then Sarpanch Shri Raghunandan Singh. The old khasra No. 117 was numbered as khasra No. 1293 in the subsequent settlement. Entry in regard to existence of the sub-stations was duly made in the revenue records.

2. According to petitioner, Shri Raghunandan Singh later had a change of mind and he filed a revenue suit under Section 188 of the Rajasthan Tenancy Act, 1955 in the Court of Sub-Divisional Officer, Gangapur City, inter alia with the prayer that he had declared khatedar of the lands of old khasra No. 117 as 1292, 1293 and 1296 and accordingly necessary entries be ordered to be made in the revenue records. The petitioner has placed on record the letter of Tehsildar, Gangapur City dated 27.8.2001 which was addressed to their Assistant Engineer (Distribution), Jaipur Vidyut Vitran Nigam Ltd., Gangapur City informing that the lands of khasra No. 117 measuring 15 bighas and 2 biswas was recorded as sawai chak in jamabandi of Svt. 2027-2030 and further as padat pakhar in jamabandi in Svt. 2021 to 2034. It was informed that the Electricity Grid Station was recorded in the lands of khasra No. 1293/1.26. The revenue suit filed by the petitioner was decreed by the S.D.O. by his order dated 16.3.1992. Surprisingly however, the then Sarpanch of the Gram Panchayat, knowing fully well that the electricity Grid Sub-Station was in existence on the part of the lands of khasra No. 1293, did not implead Rajasthan State Electricity Board as party respondent. Aforesaid judgment and decree dated 16.3.1992 was obtained by the said Raghunandan Singh behind the back of the petitioner. Raghunandan Singh and his son Bhanwar Singh attempted to trespass on the premises of the Grid Station. The petitioner then approached the Additional District Collector, Gangapur City for restraining them from interfering with their possession by filing an application dated 6.3.2001. The First Information Report No. 185/01 was also lodged against them for offences under Section 447 IPC with Police Station Gangapur City on 15.3.2001. Even though no appeal against the patta issued to the petitioner was filed by any party before the Panchayat Samiti. But then, Raghunandan Singh managed to get revision petition filed against the said patta by the Gram Panchayat in connivance with the then Sarpanch Ramjilal Baswal on 4.10.2002. The revision petition was allowed by the Additional District Collector vide his order dated 19.6.2002. According to the petitioner the said Raghunandan Singh has also filed the civil suit in the civil Court at Gangapur City in which he did not dispute that he gave the consent letter dated 13.7.1981 for allotment of the land in favour of the petitioner

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