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HIGH COURT OF RAJASTHAN (JODHPUR BENCH)
MR. JUSTICE VINIT KUMAR MATHUR, J
JOITA RAM – Appellant
Versus
STATE OF RAJASTHAN – Respondent
Order :
1. Heard learned counsel for the parties.
2. The present writ petition has been filed by the petitioner against the order dated 12.07.2024 (Annex.6) passed by the District Collector, Sanchor in Revision Petition No.15/2023 whereby the revision petition filed by the Gram Panchayat, Bargaon, Panchayat Samiti, Raniwara District Sanchor for canceling the Patta dated 25.09.2019 issued in favour of the petitioner has been allowed.
3. Learned counsel for the petitioner submits that the application submitted by the petitioner was duly considered by the Gram Panchayat, Bargaon and based on that, the Patta was issued in favour of the petitioner on 25.09.2019 by the Gram Panchayat, Bargaon under Rule 157 (1) of the Rajasthan Panchayati Raj Rules, 1996 (hereinafter referred to as ‘Rules of 1996’). Learned counsel submits that the petitioner simply filed an application for issuance of Patta for installation of a Cabin and if the Gram Panchayat, Bargaon has considered same under Rule 157 (1) of the Rules of 1996 then the petitioner should not be punished for the same. Learned counsel further submits that the order passed by the Revisional Court on the face of it, is not based upon correct
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.
The cancellation of 'pattas' should be in accordance with Rule 266, and the decision should be reasoned and speaking.
In the case of an ancestral property, the allotment of Patta should not be done in favor of one party unless it is established that all other parties have relinquished their rights or there is no dis....
Locus standi and substantiation of challenges are crucial in writ petitions, and failure to provide evidence can lead to dismissal.
The Municipal Board retains authority under Section 73-B of the Rajasthan Municipalities Act, 2009, to cancel registered pattas issued through fraud despite previous registrations.
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