The court allowed construction on the 'patta' land, emphasizing compliance with legal terms and conditions while quashing the seizure order.

Order :

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

“It is therefore most, humbly and respectfully prayed that, this writ petition may kindly be allowed and accepted and :-

(I) by an appropriate writ, order or direction, the impugned seizure order dated 22.01.2024 whereby the property was seized on 24.01.2024 (Annexure-7) passed by the respondent No.2 may kindly be declared illegal and be quashed and set aside.”

2. Learned counsel for the petitioner submits that the petitioner had preferred a writ petition being SBCWP No.11419/2023 titled Tan Singh and State of Rajasthan and Anr., in which the Co- ordinate Bench of this Court vide order dated 11.08.2023 had granted interim order and the same is reproduced hereunder :-

‘In the meanwhile, the respondents are restrained from proceeding against the petitioner in furtherance of the impugned order dated 01.02.2023 (Annexure-5)’

3. Learned counsel for the petitioner further submits that the respondents had passed the order dated 01.02.2023 (Annexure-5) while cancelling the ‘patta’ in question which is subject matter of writ petition filed earlier and is pending adjudication. He further submits that the ‘patta’ in question is genuine and if any construction work is carried out upon the patta in question, the same would be strictly as per the terms and conditions of the patta in question as well as relevant building bylaws and municipal laws. He further submits that the respondents had issued an office order dated 22.01.2024 (Annexure-7) in pursuance of which, the pattasud land in question has been seized by the respondents, and the same may be quashed and set aside.

4. Learned counsel for the respondents does not object the same and submits that he has no objection to the petitioner raising construction upon the patta in question, if it is strictly in accordance with the terms and conditions of the patta, building bylaws and municipal laws. He further submits that as the issue of the patta being genuine or not is pending before this Court, therefore, any construction if raised, may be made subject to the outcome of the writ petition bearing SBCWP No.11419/2023.

5. Heard learned counsel for the parties and perused the material available on record.

6. In light of the submissions made above, the present writ petition is disposed of and the office order dated 22.01.2024 (Annexure-7) is quashed and set aside qua the petitioner and it is directed that the petitioner shall be at liberty to make necessary construction upon the pattasud land strictly in accordance with the terms and conditions of the patta in question, building bylaws and municipal laws. In case, there is any violation on the part of the petitioner, the respondents shall be free to take appropriate action against the present petitioner.

7. It is made clear that the construction on the pattasud land shall remain subject to the outcome of the said writ petition bearing SBCWP No.11419/2023.

8. Stay application as well as all other pending applications, if any, also stand disposed of.