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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
SUNIL BENIWAL
Lalit Kumar Panwar S/o Shri Aidan Panwar – Appellant
Versus
State of Rajasthan – Respondent
| Table of Content |
|---|
| 1. introduction of the writ petition. (Para 1) |
| 2. petitioner's challenge to authority and process of cancellation. (Para 2) |
| 3. respondent's defense and proposed actions. (Para 3) |
| 4. court's initial observations and agreement to quash communication. (Para 5) |
| 5. court's directive on proceeding according to law. (Para 6 , 7) |
| 6. final conclusion and dismissal of application. (Para 9 , 10) |
ORDER :
1. This writ petition has been filed by the petitioner with the following prayer :-
(i). by an appropriate writ, order or direction, the order dated 01.04.2025 (Annexure-5) passed by the District Collector, Jaisalmer may kindly be declared illegal and be quashed & set-aside.
(ii). by an appropriate writ, order or direction, the impugned show-cause notice dated 16.05.2025 (Annexure-6), issued by the Municipal Board, Pokran as well as entire proceedings initiated for cancellation of registered patta may kindly be declared illegal and be quashed and set-aside.
(iii). Any other appropriate writ, order or direction which this Hon’ble Court may be just and proper in the facts and circumstances of the case may kindly be passed in favour of the petitioner.
(iv) Costs of this writ petition may kin
The Municipality has the authority to cancel a registered patta if fraud is demonstrated, despite its registration, under Section 73-B of the Rajasthan Municipalities Act, 2009.
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.
Registered pattas can only be questioned or set aside by a Civil Court. The District Collector or any revisional authority cannot annul registered pattas in exercise of revisional powers.
Registered pattas can only be annulled by a civil court, not by administrative or executive authorities.
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